This week's Florida appellate decisions, covered case by case: the same Sixth Amendment sentencing argument turned away at two different doors in two different districts, a Jimmy Ryce challenge split between the right vehicle and the wrong one, a State appeal that lost in one word, a surgeon suing his own divorce lawyers and the discovery order that got quashed, a PIP claim that ended when the examination under oath was skipped, and new service rules for writs landing October 1. Plus a deep dive: the State of Florida has conceded in a footnote that the prison releasee reoffender statute is unconstitutional under Erlinger, and the one procedural door still open for raising it.

PRACTICE AREAS THIS WEEK: four criminal decisions, two on the injury side, and an appellate rule change that affects everybody.

CHAPTERS
0:00 The wrong door week
1:17 Hawkins: Erlinger is not retroactive, and a certified question still pending
3:46 Carpenter: the PRR life sentence and the wrong vehicle
5:20 Shaw: appeal and certiorari against one order, one of them dismissed
6:38 Jenkins: the State appealed and lost, in one word
7:32 Adorno-Cunill v. Dylewski: the discovery denial that eviscerated a defense
10:30 Feijoo: the examination under oath is a condition precedent
11:12 New appellate rules 9.020 and 9.100, effective October 1
11:58 The week's hundred affirmances, in one point
12:28 Deep dive: the concession in footnote thirteen, and the one door left
18:54 The week in one line

Cases covered:
Hawkins v. State, 3D23-0292 (Fla. 3d DCA Aug. 26, 2026)
Carpenter v. State, 1D2024-2821 (Fla. 1st DCA Aug. 26, 2026)
Shaw v. State, 3D24-1690 & 3D24-1934 (Fla. 3d DCA Aug. 26, 2026)
State v. Jenkins, 2D2025-1129 (Fla. 2d DCA Aug. 21, 2026)
Law Offices of Adorno-Cunill & Damas, P.L. v. Dylewski, 3D26-0840 (Fla. 3d DCA Aug. 26, 2026)
Feijoo, M.D., P.A. v. Progressive American Ins. Co., 3D25-0472 (Fla. 3d DCA Aug. 27, 2026)
North Florida Regional Medical Center v. Maloney, 1D2026-1317 (Fla. 1st DCA Aug. 24, 2026)
In Re: Amendments to Florida Rules of Appellate Procedure 9.020 and 9.100, SC2025-2000 (Fla. Aug. 27, 2026)

Discussed in the deep dive: Apprendi v. New Jersey, 530 U.S. 466 (2000); Alleyne v. United States, 570 U.S. 99 (2013); Erlinger v. United States, 602 U.S. 821 (2024); Maye v. State, SC2023-1184 (Fla. May 15, 2026), including footnote 13; Wainwright v. State, 411 So. 3d 392 (Fla. 2025); Plott v. State, 148 So. 3d 90 (Fla. 2014); Jackson v. State, 983 So. 2d 562 (Fla. 2008); section 775.082(9), Florida Statutes.

Most of these decisions are not final until the time for rehearing expires. Want the opinions, Maye with footnote 13 flagged, or the one page objection script for PRR and habitual offender sentencings? 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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