This week’s Florida appellate decisions, covered case by case: two vehicular homicide convictions reversed because a detective’s speed calculation, built on internet vehicle weights and angles measured on Google Maps with a protractor, came in as “investigation” instead of expert testimony. Plus polygraph-prompted admissions in a sex offender probation case, a probation revocation that rested only on an arrest affidavit, a misdemeanor information that stayed a misdemeanor, the Leon County grand jury presentment expunged under the rule that a grand jury indicts or exonerates, and a stand your ground prohibition petition. On the injury side, sovereign immunity for DCF and a State contractor decided as a matter of law, a signed waiver that ended a premises claim, and the 2027 change to initial damages disclosures. Then a deep dive on the officer’s opinion: when a police witness’s conclusion is lay testimony, when it becomes expert testimony, and why the difference decides crash cases.

PRACTICE AREAS THIS WEEK: six criminal decisions, three injury decisions, and one Florida Supreme Court rule change.

CHAPTERS
0:00 The side door
1:40 Faustin: a detective’s speed formula, admitted as investigation
4:49 Velazquez: polygraph results out, the admissions in
7:12 Marshall: a probation violation proved only by hearsay
9:16 Noel: a misdemeanor information stays a misdemeanor
10:36 The Leon County grand jury presentment, expunged
13:12 Smith: stand your ground and the prohibition standard
14:10 Gainey: sovereign immunity for DCF and its contractor
17:20 Linares: the waiver, and the rule 1.280 change
18:31 Deep dive: when an officer’s opinion becomes expert testimony
23:04 The working playbook: lay or expert
25:19 The week in one line

Cases covered:
Faustin v. State, 4D2024-2667 and 4D2024-2669 (Fla. 4th DCA Oct. 7, 2026)
Velazquez v. State, 1D2025-0550 (Fla. 1st DCA Oct. 7, 2026)
Marshall v. State, 5D2025-3795 (Fla. 5th DCA Oct. 5, 2026)
Noel v. State, 3D25-0056 (Fla. 3d DCA Oct. 7, 2026)
In re Leon County Grand Jury Presentment, Fall of 2025, 1D2026-2435 (Fla. 1st DCA Oct. 7, 2026) (Bilbrey, J., concurring in part and in result)
Smith v. State, 1D2025-1130 (Fla. 1st DCA Oct. 7, 2026) (Winokur, J., concurring)
Florida Department of Children and Families v. Gainey, 1D2025-2106 (Fla. 1st DCA Oct. 7, 2026)
Crandall Medical Consulting, LLC v. Gainey, 1D2025-2124 (Fla. 1st DCA Oct. 7, 2026)
Linares v. Dezerland Park, LLC, 3D25-1650 (Fla. 3d DCA Oct. 8, 2026)
In re Amendments to Florida Rule of Civil Procedure 1.280, SC2025-1497 (Fla. Oct. 8, 2026)

Also discussed: Kian v. Florida, No. 25-6623 (U.S. cert. granted June 15, 2026); State ex rel. Brautigam v. Interim Report of Grand Jury, 93 So. 2d 99 (Fla. 1957); Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015); Urban Air Jacksonville, LLC v. Hinton, 415 So. 3d 1212 (Fla. 5th DCA 2025).

Discussed in the deep dive: Fla. Stat. §§ 90.701 and 90.702; In re Amendments to the Florida Evidence Code, 278 So. 3d 551 (Fla. 2019); Fino v. Nodine, 646 So. 2d 746 (Fla. 4th DCA 1994); Kemp v. State, 280 So. 3d 81 (Fla. 4th DCA 2019); Stukins v. State, 418 So. 3d 168 (Fla. 4th DCA 2025); Martinez v. State, 761 So. 2d 1074 (Fla. 2000); Olano Sanchez v. State, 3D24-0231 (Fla. 3d DCA Sept. 10, 2025); State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986); Faustin v. State, 4D2024-2667 (Fla. 4th DCA Oct. 7, 2026).

Most of these decisions are not final until the time for rehearing expires. Want the opinions, or the one-page lay-or-expert objection worksheet? Email rory@thesafirlawyer.com and I will send them over, no charge.

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

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