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Florida Assault Law
 
John Doe I v. City of Paul Bay, Florida

John Doe I filed a nine-count amended complaint against the City of Palm Bay
(“the City”) seeking a determination that Palm Bay City Ordinance 2005-76 (“the
Ordinance”) is unconstitutional. The Ordinance prohibits registered sexual predators and
registered sexual offenders from making deliveries to or performing work at any
residence, including the curtilage thereof, any designated... More...
   $0 (07-17-2015 - FL)

United States of America v. Robert W. McCandless

TALLAHASSEE, FLORIDA – Robert W. McCandless, 38, of Bristol, Florida, pled guilty to interstate domestic violence and interstate violation of a protection order. The plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.

During his plea, McCandless admitted to violating a protection order by unlawfully entering the victim’s residence on Januar... More...
   $0 (07-13-2015 - FL)

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement. ... More...
   $0 (07-12-2015 - FL)

United States of America v. Jesus Rosales-Bruno

This is the second appeal to come before us involving a sentence imposed on
Jesus Rosales-Bruno because of his conviction for illegally reentering the United
States in violation of 8 U.S.C. § 1326. In the first appeal we vacated his original
sentence after concluding the district court had erred in finding that his prior
Florida conviction for false imprisonment qualified as a “... More...
   $0 (06-19-2015 - FL)

Vincent Salvato v. Deputy Lauren Miley

These consolidated appeals require us to decide two questions arising out of
an attempted arrest in which Deputy Lauren Miley shot and killed Joshua Salvato:
(1) whether Miley is entitled to qualified immunity against a claim for damages, 42
U.S.C. § 1983, for excessive force in violation of Salvato’s rights under the Fourth
Amendment; and (2) whether the sheriff of Marion Count... More...
   $0 (06-25-2015 - FL)

United States of America v. Carmen Cadena

Miami, FL - The Department of Justice announced that United States District Judge Jose E. Martinez of the Southern District of Florida sentenced defendant Carmen Cadena, 48, a Mexican national, to serve five years in prison for her role in a brutal family-run sex trafficking organization. The defendant shall also be ordered to pay restitution and hearing is set on August 10, 2015 to determine the... More...   $0 (05-18-2015 - FL)

Victoria Teresa Jacobs a/k/a Victoria Teresa Rubin v. Atlantic Coast Refining, Inc. d/b/a ACR Industries

Appellant Victoria Jacobs appeals an entry of judgment against her in a civil theft action brought by Appellee Atlantic Coast Refining (“ACR”), a corporation held solely by her former boyfriend, Anthony Arbanas. Among other issues, Appellant argues the trial court erred by admitting evidence of a prior, unrelated motion and settlement agreement. For the reasons set forth below, we agree with A... More...   $0 (05-13-2015 - FL)

The School Board of Miami-Dade County, Florida v. Nelly Martinez-Oller

The School Board of Miami-Dade County appeals from a final judgment
entered upon a jury verdict in a negligent supervision action, arising out of a
classroom incident at Miami Killian High School, where Ericka Barbieri, a student
attending Killian, spontaneously pitched an eight pound textbook at classmate, Joel
Del Rosario, after Joel called Ericka a b----. The book fractured Joel... More...
   $0 (04-08-2015 - FL)

Tomas Reza v. The State of Florida

Tomas Reza seeks to reverse a pretrial order denying his motion to suppress
two separate confessions and to set aside his conditional nolo pleas, reverse the
ensuing convictions and remand for further proceedings. We reverse and remand
as to case number 2009-CF-635 for further proceedings. We affirm as to case
number 2009-CF-726.
There were three robberies with assaults in Key ... More...
   $0 (04-08-2015 - FL)

Amy Hair v. Cammy Hair

We reverse the final judgment of injunction for protection against domestic violence.
Section 741.30(1)(a), Florida Statutes (2012), provides that a family or household member may file a petition for protection against domestic violence if that person is “either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becom... More...
   $0 (03-18-2015 - FL)

United States of America v. Raees Alam Qazi and Sheheryar Alam Qazi

Miami, FL - Raees Alam Qazi and his brother, Sheheryar Alam Qazi, pled guilty to terrorism violations and to assaulting two Deputy U.S. Marshals while in custody.

During the hearing, the Qazi brothers acknowledged that Raees Alam Qazi, the younger brother, was going to initiate an attack using a weapon of mass destruction in New York City and that he had been financially and emotionally s... More...
   $0 (03-12-2015 - FL)

United States of America v. Maurin Chacon a/k/a “Tiny,” a/k/a “Peludo,” a/k/a “Yung Patron,” 27, Christopher Altamirano a.k.a “Tango,” a.k.a “Peter Baitz,” 22, Rodolfo Portela a.k.a “Papo L. Desperado

Miami, FL - The leader and three other members of Big Money Team (BMT), a violent street gang that operates in the Little Havana and Allapattah neighborhoods of Miami, Florida, have been convicted of drug conspiracy, firearm and violent crime charges following a one month long trial.

Defendants Maurin Chacon a/k/a “Tiny,” a/k/a “Peludo,” a/k/a “Yung Patron,” 27, Christopher Al... More...
   $0 (03-09-2015 - FL)

United States of America v. Lark Suddith

Miami, FL - After a week-long trial, a federal jury convicted a trucker and Miami, Florida resident of assault upon a federal law enforcement officer. Evidence presented at trial showed that the defendant, after being asked to leave the Claude Pepper Federal Building in downtown Miami, punched a security officer in the face.

Wifredo A. Ferrer, United States Attorney for the Southern Distr... More...
   $0 (02-10-2015 - FL)

United States of America v. Jarod Montell Alonso, a/k/a “Rob Dough”

Miami, FL - An Overtown resident was convicted by a jury for being a felon in possession of a firearm.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.

... More...
   $0 (02-10-2015 - FL)

Shandalyn Sanders v. ERP Operating Limited Partnership

Shandalyn Sanders seeks review of the decision of the Fourth District Court of Appeal in ERP Operating Ltd. Partnership v. Sanders, 96 So. 3d 929 (Fla. 4th DCA 2012), on the ground that it expressly and directly conflicts with this Court’s decision in Cox v. St. Joseph’s Hospital, 71 So. 3d 795 (Fla. 2011), and the Third District’s decision in Holley v. Mt. Zion Terrace Apartments, Inc., 382... More...   $0 (02-12-2015 - FL)

United States of America v. Rafael Alberto Cadena-Sosa and Carmen Cadena

Fort Lauderdale, FL - The Department of Justice announced a sentencing and guilty plea for two members of a family run sex trafficking organization based in southern Florida. Rafael Alberto Cadena-Sosa was sentenced by U.S. District Court Judge Joes E. Martinez to serve 15 years in prison and Carmen Cadena pleaded guilty before U.S. District Court Judge Jose Martinez for participating in a brutal ... More...   $0 (01-27-2015 - FL)

United States of America v. Ten alleged members of the Almighty Imperial Gangsters Nation gang

Ten alleged members of the violent Almighty Imperial Gangsters Nation gang have been indicted by a federal grand jury in the Southern District of Florida for their roles in various murders in Miami, Chicago, and East Chicago. Fifteen alleged members of the gang have now been charged by the Justice Department in this case.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida... More...
   $0 (10-16-2014 - FL)

United States of America v. Ketut Pujayasa

A Holland America cruise line crew member was sentenced to 30 years and five months imprisonment, to be followed by a lifetime of supervised release, for his brutal attack and attempted murder of a female passenger.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Off... More...
   $0 (01-08-2014 - FL)

United States of America v. Timothy John Miers

After a week-long trial, a federal jury convicted a trucker and Florida resident of kidnapping and interstate domestic violence. Evidence adduced at trial showed that the defendant held the female victim captive for 10 days and inflicted psychological and physical abuse that included sexual battery. This was the first time an individual was charged with domestic violence in federal court in South ... More...   $0 (12-05-2014 - FL)

Robert Dresch v. State of Florida

Robert Dresch (“Defendant”) appeals from his conviction and sentence on the charge of corruption by threat. He was sentenced to five years in prison. The State agrees with Defendant that the crime of corruption by threat is not a forcible felony within the meaning of section 776.08, Fla. Stat. (2013),1 because the “offense may be committed without the use or threat of physical force.” Stat... More...   $0 (11-12-2014 - FL)

State of Florida v. Tyrone David Mosby

1. ARMED BURG. OF DWELL. W/EXPL./DANG. WEAP 810.02(2)(B) First Degree - Punishable By Life 07/29/2012

2. CAUSING BODILY INJURY DURING FELONY (Attempt) 782.051(1) Life 07/29/2012

3. CAUSING BODILY INJURY DURING FELONY (Attempt) 782.051(1) Life 07/29/2012

4. CR-AGGRAVATED ASSAULT WITH A DEADLY WEAPON (Assault) 784.021(1)(A) Third Degree - Felony 07/29/2012More...
   $0 (07-11-2014 - FL)

Alma Mae Fletcher, Guardian of Danielle Sampson v. Tyrone Mosby

Orlando, Orange County, Florida - Alma Mae Fletcher, Guardian of Danielle Sampson, age 17, sued Tyrone Mosby, age 19, on a civil assault and battery theory claiming that a shot fired by Mosby hit and paralyzed her in 2012.

Defendant did not appear and defend. ... More...
   $100000000 (11-05-2014 - FL)

Lee Droke v. Christopher Andino

Lee Droke appeals a final judgment for protection against repeat violence entered
against him in favor of Christopher Andino. Mr. Droke argues that the trial court erred by
entering the petition where Mr. Andino only proved one act of violence. We agree.
Section 784.046(1)(b), Florida Statutes (2013) defines repeat violence as "two
incidents of violence or stalking committed by the... More...
   $0 (08-22-2014 - FL)

William James Deparvine v. State of Florida

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the... More...
   $0 (08-28-2014 - FL)

The State of Florida v. Manuel Ojeda

These consolidated cases are back before the Court on the State’s motion for
rehearing in Case No. 3D08-1079 (lower tribunal number 07-10526A). By opinion
filed May 1, 2013, we granted the State of Florida’s motion for rehearing in Case
No. 3D08-1077 (lower tribunal number 05-37152) and denied the State’s motion
for rehearing in Case No. 3D08-1079 (lower tribunal number 07-10... More...
   $0 (07-23-2014 - FL)

State of Florida v. Jorge Sandoval

State of Florida v. Jorge Sandoval

Seq No. Charge Charge Type Disposition
1 ASSAULT/AGG/DWEAP FELONY WH ADJ-PROB SP COND
2 PROBATION VIOLATION MISC HOLD ... More...
   $0 (02-21-2012 - FL)

Kris McKee and Kwinsi McKee v. Norman Public Schools

Kris McKee and Kwinsi McKee v. Norman Public Schools and Angela Mendoza

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: MCKEE, KRIS
Filed Date: 07/05/2012
Party Name: Disposition Information:


Disposed: DISMISSED - WITH PREJUDICE, 05/22/2014. Dismissed- Settled.

1. Plaintiffs, Kris McKee and Kwinsi McKee, and their minor son, M.M., are r... More...
   $6500 (05-22-2014 - FL)

Timothy Donnell Green v. State of Florida

Appellant, Timothy Donnell Green, who was convicted of aggravated battery with great bodily harm and with a weapon, two counts of false imprisonment, sexual battery with a firearm, and burglary of a dwelling with assault or battery, appeals his convictions and sentences and raises three issues, only one of which merits discussion. We agree with Appellant that the trial court erred by denying his m... More...   $0 (05-29-2014 - FL)

United States of America v. Lionell Sanders

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Manuel Orosa, Chief, City of Miami Police Department, announce that Lionell Sanders, 19, of Miami, was sentenced by U.S. District Judge K. Michael Moore to fifty-six years and four months in prison, after p... More...   $0 (05-09-2014 - FL)

Gerard P. Francios v. The State of Florida

Gerard P. Francois (“the defendant”) appeals his convictions for aggravated battery and misdemeanor battery based on the trial court’s denial of his ore tenus motions for a continuance and for substitution of private counsel for his courtappointed counsel after the jury had been selected and sworn, and he also asks us to find ineffective assistance of his court-appointed counsel on the face ... More...   $0 (04-16-2014 - FL)

State of Florida v. Jesus L. Noa

The State of Florida charged Jesus L. Noa with:

1. 7840211A AGGRAVATED ASSAULT WITH DEADLY WEAPON 7840211A THIRD DEGREE FELONY 12/31/2011

2. 784031 BATTERY 784031 FIRST DEGREE MISDEMEANOR 12/31/2011

3. 843.02 OBSTRUCTING OR OPPOSING AN OFFICER WITHOUT VIO ... More...
   $0 (05-31-2012 - FL)

Alexander J. Michaels v. James Loftus

Although counsel for neither party distinguished himself by his conduct in this otherwise quite ordinary probation violation hearing, the law by which we are bound affords us the right and obligation to focus on the two offenses for which Alexander J. Michaels was found in direct criminal contempt by the trial court and sentenced to two days in the county jail. One offense was a hand gesture direc... More...   $0 (04-02-2014 - FL)

Francisco and Sonia Pages v. Julio Rafael Seliman-Tapia

Francisco and Sonia Pages (“Dr. and Mrs. Pages”) appeal two lower court orders: (1) an order denying their exceptions to, and adopting, the general magistrate’s Report and Recommendation; and (2) a final order dismissing their amended complaint with prejudice and entering final judgment in favor of Julio Rafael Seliman-Tapia (“Tapia”). For the reasons that follow, we affirm.

On De... More...
   $0 (03-12-2014 - FL)

Patrick Wells Knight v. Michael G. Merhige

These appeals arise from a tragic event—Michael and Carole Merhige’s 35-year-old son, Paul, shot and killed family members at a Thanksgiving gathering in Jupiter, Florida. Following the shooting, representatives of the victims’ estates sued the Merhiges, collectively alleging negligence.1 The circuit court dismissed the complaints for failure to state a cause of action. We affirm the ruling ... More...   $0 (02-19-2014 - FL)

DUVAL COUNTY SCHOOL BOARD ("SCHOOL BOARD"), v. SHELBY BUCHANAN, BY AND THROUGH HER NATURAL PARENT AND GUARDIAN, BEVERLY COX

In this appeal, the Duval County School Board raises two issues: (1) whether the trial court erred by excluding testimony of a third party that a racial slur may have prompted the physical beating of student/plaintiff Shelby Buchanan by Kiara Terry, despite neither student—nor any administrator, teacher, or other student present before or at the time of the beating–having heard a slur; and (2)... More...   $0 (02-07-2014 - FL)

M.G. v. St. Lucie County School Board

M.G., as guardian for her minor daughter, A.B., appeals the district court’s denial of her motions (1) for reconsideration of the district court’s dismissal with prejudice of her complaint and (2) for leave to amend her complaint. No reversible error has been shown; we affirm.

M.G. filed a civil suit against the St. Lucie County School Board and various School Board employees (“Defend... More...
   $0 (02-04-2014 - FL)

John Doe v. Douglas W. Myers and Florida Baptist Convention

John Doe, age 21, sued Douglas W. Myers, age 64, and Florida Baptist Convention on assault and batter theories, negligence and respondeat superior theories claiming that he was sexually assaulted by Myers when he was acting as an agent for the Convention's "church planting" efforts in the mid-2000s.... More...   $12500000 (01-20-2014 - FL)

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...   $0 (12-04-2013 - FL)

John Doe v. Department of Children & Families

The father of a child sexually assaulted while in foster care sued the Florida Department of Children & Families, Camelot Community Care, Camelot Community Care and Girls and Boys Town of South Florida on negligence theories claiming that the defendants failed to protect his child another child with a history to violence and sexually aggressive behavior. Plaintiff claimed that he warned the defend... More...   $100000 (10-26-2013 - FL)

Jane Doe v. Louis Augustin

Jane Doe sued Louis Augustin, age 33, and Silva Bank, Inc. on a respondeat superior and civil sexual assault and battery theories claiming that his penis came into contact with her while he was creating a tattoo on her back and that the ejaculated on her in 2010.

Augustin pleaded guilty to sexual battery.... More...
   $500000 (09-22-2013 - FL)

 
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