Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Stanek-Cousins v. State
Citations: 896 So. 2d 865; 2005 WL 433138Docket: 5D03-3168
Court: District Court of Appeal of Florida; February 24, 2005; Florida; State Appellate Court
Catherine Stanek-Cousins appeals her manslaughter conviction and sentence in the case originating from the Ninth Judicial Circuit and involving the premeditated murder of her husband, Sean Cousins. The body was discovered in Osceola County, but the Cousins resided in Palm Beach County, leading to jurisdictional complexities. The state initially charged that the crime could have occurred in multiple counties due to uncertainty about the exact location of the murder. Cousins filed a motion to transfer the venue to Palm Beach County, which the trial court granted, despite her refusal to waive her right to a speedy trial. This decision led to complications when the Public Defender attempted to withdraw from the case due to insufficient preparation time. The trial proceeded in Palm Beach County, where Cousins was convicted of manslaughter. On appeal, the critical issue identified was jurisdiction. Since the trial was conducted in Palm Beach County, which falls under the Fourth District Court of Appeal’s jurisdiction, the court determined that the appeal should be transferred from the Fifth District Court of Appeal to the Fourth District Court of Appeal, in line with the precedent set in Vasilinda v. Lozano. The ruling confirmed that appellate jurisdiction follows the venue once it has been changed, regardless of when the challenging order was issued. The case is thus ordered to be transferred to the Fourth District Court of Appeal for further proceedings.