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Florida Due Process Law
 

Bobby Wayne Stone v. State of South Carolina

Stone began the day of February 26, 1996, by purchasing beer and two firearms—a .410 bore shotgun and a competition-grade .22 caliber semi-automatic pistol. He spent the remainder of the day roaming through the woods, drinking the beer and shooting the guns. Later that afternoon, Stone wandered into the backyard of Ruth Griffith. In Stone's statement to the police, he said he and Griffith were "o... More...   $0 (02-13-2017 - FL)

Caleb Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi

Taylor Clark was known to sell marijuana occasionally. On the night of July 11,
2009, Taylor went to the home of his dealer’s girlfriend, Karen Hickinbottom, to return the
dealer’s cell phone. While Taylor was there, a man showed up and asked to talk to Taylor.
Taylor went outside with him. When Taylor came back inside, he said the man had wanted
to buy drugs. The man came to ... More...
   $0 (02-04-2017 - FL)

Michael Joseph Nilio vs State of Florida

Michael Joseph Nilio challenges his amended judgments and sentences and
the summary denial of his motion for postconviction relief. Nilio asserts that the
trial court failed to resolve his postconviction claim that he attempted to submit
restitution and other costs associated with his probation, but the court refused to
accept payment. However, because Nilio did not raise the... More...
   $0 (02-04-2017 - FL)

STATE OF FLORIDA v. EDWARD DRAKE

The record shows that the 175-day speedy trial period began when Drake was arrested on May 23, 2013,1 and therefore ended on November 14, 2013. The State filed the information on June 6, 2013, within the speedy trial period. But upon filing, the information was immediately sealed by the Clerk's office. Neither Drake nor his counsel could access the information. Drake was still in custody at th... More...   $0 (02-04-2017 - FL)

Zachary Taylor Wood v. State of Florida

On the evening of April 19, 2014, an Alabama State Trooper began a high-
speed pursuit of a gold-colored Toyota Camry on Alabama State Highway 167,
just south of the city of Enterprise, Alabama. The pursuit ended when the Camry
and the patrol car crashed into a ditch off a nearby county road after the patrol car
was shot at from the Camry during the chase. Once both cars were... More...
   $0 (02-03-2017 - FL)

State of Florida v. Christopher Markus

The factual events of the incident began in the early evening of Saturday,
April 17, 2010, at the home of Justin McCumbers, Brandon Junk, and Eric Blair.
At the time, Christopher Markus had an agreement under which he would live in
the home for two to four nights per week in a spare bedroom and pay $400 rent per
month. McCumbers testified that Markus was staying overnight on ... More...
   $0 (02-03-2017 - FL)

RICHARD KNIGHT vs. STATE OF FLORIDA, RICHARD KNIGHT vs. JULIE L. JONES, etc.

On April 26, 2006, a jury found Richard Knight guilty of two counts of first
degree murder for the deaths of Odessia Stephens and her four-year-old child,
Hanessia Mullings. The jury unanimously recommended a death sentence for each
murder. Knight v. State, 76 So. 3d 879, 884 (Fla. 2011).
A. Trial & Direct Appeal Proceedings
On direct appeal, we set forth the following r... More...
   $0 (02-03-2017 - FL)

MICHAEL L. KING vs. STATE OF FLORIDA

King was sentenced to death for the 2008 murder of Denise Amber Lee.
King v. State, 89 So. 3d 209, 212 (Fla. 2012). This Court detailed the facts of the
murder and subsequent trial in King’s initial appeal:
[O]n January 17, 2008, at approximately 3:30 p.m., Nathan Lee returned to his home on Latour Avenue in North Port, Florida, to find his wife, Denise Amber Lee, missing. The do... More...
   $0 (01-27-2017 - FL)

TAVARES DAVID CALLOWAY vs. STATE OF FLORIDA

On January 21, 1997, eighteen-year-old Anthony Strachan was at home in
his family’s apartment on 580 Northwest 64th Street in Miami, cutting a friend’s
hair. Strachan went into the kitchen and, through the kitchen window, saw one of
his neighbors, “Shorty,” standing outside on 64th Street with two unknown men.
One man, who wore a skull cap and a heavy brown coat that resemble... More...
   $0 (01-27-2017 - FL)

DONALD OTIS WILLIAMS vs. STATE OF FLORIDA

The victim, Janet Patrick, was last seen alive on October 18, 2010, after
shopping for groceries at Publix near her home in Lake County, Florida. The
defendant, Donald Otis Williams, through both security video and eyewitness
testimony, was identified as accompanying her at Publix and getting into the
passenger seat of her vehicle, a white Chevrolet Impala. Multiple witnesses... More...
   $0 (01-21-2017 - FL)

TERRY BESS v.STATE OF FLORIDA

Terry Bess (the defendant) appeals his judgment and sentence, entered by the
trial court after a jury found him guilty of committing a lewd or lascivious battery. Because
the State properly concedes that the trial court erred in failing to conduct a Richardson1
1 Richardson v. State, 246 So. 2d 771 (Fla. 1971) (providing that, when a disco... More...
   $0 (01-17-2017 - FL)

Leronnie Lee Walton v. State of Florida

On September 10, 2008, Kristina Salas and her sister, Karine Nalbandyan,
placed their children into a parked car. As Salas leaned into the car, a man
ambushed her, held a gun to her head, and demanded that she give him her purse or
be killed. The two struggled over the purse until the gun fell to the ground. Then
the man picked up his gun, went to the other side of the car, ... More...
   $0 (12-03-2016 - FL)

BERNARDINO CABRERA v. STATE OF FLORIDA

Sex Offender

Appellant was charged with sexual battery on a child under twelve years of
age based on acts he allegedly committed against P.C. between August 2012 and
June 2013. The State filed a notice of its intent to introduce the child hearsay
statements P.C. had made about the alleged sexual battery during a forensic
interview conducted by the CPT. At the hearing on the State’s notice... More...
   $0 (11-22-2016 - FL)

ROGER EARNEST HEARE v. STATE OF FLORIDA

In 2009, Heare and his wife separated, and she moved out of the marital home. Their divorce was final in May 2015, and the marital home was awarded to the wife although she no longer lived in the home. Heare was incarcerated at some point during the dissolution proceedings, and all of his personal belongings remained in the marital home. The final judgment ordered Heare to stay away from the ma... More...   $0 (11-22-2016 - FL)

ROBERT ANDERSON SMITH v. STATE OF FLORIDA

A jury found Smith guilty of felony battery based on a prior battery conviction but acquitted him of several other charges all stemming from a physical altercation with the victim, his then-girlfriend. Smith scored nine points on his scoresheet, placing him in the range for a mandatory nonstate prison sanction unless the trial court found him to be a danger to the public. See § 775.082(10), Fla.... More...   $0 (11-22-2016 - FL)

TONY ROMANO vs STATE OF FLORIDA

Sex Offender

During the pendency of this appeal, Romano filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b), raising two issues. First, he argued that the trial court erred in ordering him to pay for random drug screening as a condition of his probation because the trial court did not orally pronounce the condition. Second, Romano argued that the order revoking ... More...   $0 (11-22-2016 - FL)

BRIGHT HOUSE NETWORKS v. AT&T CORP., AND BREVARD COUNTY SCHOOL BOARD

In December 2013, the School Board issued an RFP seeking proposals from
vendors who could provide “Internet Provider Wide Area Network” services to its schools.
The new contract would replace the School Board’s existing contract (with AT&T) to
provide those services. The RFP required each proposer to provide sealed bids, which
would be ranked by a selection committee when ope... More...
   $0 (11-22-2016 - FL)

Dante Martin v. State Of Florida  

Dante Martin (the defendant) appeals his judgment and sentences, which were
entered by the trial court after a jury found him guilty of committing the crimes of
manslaughter,1 felony hazing resulting in death,2 and two counts of misdemeanor hazing.3
We affirm.
The defendant was a member of the percussion section of the Florida A&M
University's marching band, the "Marchin... More...
   $0 (11-22-2016 - FL)

William Thompson v. State of Florida

Thompson pled guilty to the March 30, 1976, brutal beating death of the victim, Sally Ivester. Thompson v. State, 389 So. 2d 197, 198 (Fla. 1980). In Thompson, this Court described the crimes, which occurred when William Lee Thompson was 24 years old:

The appellant Thompson, Rocco Surace, Barbara Savage, and the victim Sally Ivester were staying in a motel room. The girls were instruc... More...
   $0 (11-21-2016 - FL)

Leon Davis, Jr. v. State of Florida

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...
   $0 (11-21-2016 - FL)

Brian Michael Robinson v. State of Florida

Sex Offender

On July 20, 2012, Robinson Michael Robinson was charged in an information in
Count 1, a second-degree felony, with promoting sexual conduct by a child in
violation of section 827.071(3), Florida Statutes (2007), and Counts 2 through 10,
third-degree felonies, with possession of a photograph, motion picture, exhibition,
show, representation or other presentation, to-wit, video o... More...
   $0 (11-21-2016 - FL)

Robert Pernell McCloud v. State of Florida

Robert McCloud appeals his convictions and sentences for the first-degree
murders of Dustin Freeman and Tamiqua Taylor. During the afternoon of October
3, 2009, McCloud and Andre Brown were driving around the Malibu
neighborhood of Orlando, Florida, when they ran into Joshua Bryson. The three


- 2 -
visited Major Griffin at his house, where a series of discuss... More...
   $0 (11-21-2016 - FL)

BYRON DAMON LAVENDER v. STATE OF FLORIDA

Case No. - 2D15-417

Byron Damon Lavender appeals his judgment and sentence for burglary of a dwelling with assault. We affirm his judgment without further comment. We also affirm his sentence,1 but we write to address his challenge to the imposition of two special conditions of probation for which the State conceded error. Special condition 17 required Lavender to maintain an hourly accounting of all of his activ... More...   $0 (11-07-2016 - FL)

STUART M. GOLANT vs STATE OF FLORIDA

This matter arises out of foreclosure proceedings before Judge Howard H. Harrison. The homeowners were represented by Margery E. Golant (Ms. Golant), Mr. Golant, and another attorney. During a pretrial hearing held in November 2014, Ms. Golant asserted that she had filed an answer on behalf of the homeowners. The bank’s attorney stated that he never received the answer, and that no answer had b... More...   $0 (11-07-2016 - FL)

FUTO CHARLES vs STATE OF FLORIDA

Appellant was indicted along with several co-defendants on allegations 1 We deny the State’s motion to certify questions of great public importance. 2 that he was a member of the “Top 6” gang, a violent criminal enterprise operating in Palm Beach County. Appellant initially cooperated with the authorities in hopes of securing a plea agreement. The record reveals that two plea agreements w... More...   $0 (10-29-2016 - FL)

Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin V. Julie L. Jones, etc.

In 2006, Aguirre was convicted and sentenced to death for the 2004 murders of Cheryl Williams and Carol Bareis, who were stabbed to death in their home. Aguirre-Jarquin v. State, 9 So. 3d 593 (Fla. 2009). In its opinion in Aguirre’s direct appeal, this Court explained the evidence presented at trial as follows: Aguirre was born in Honduras in 1980 and came to the United States in March of 20... More...   $0 (10-29-2016 - FL)

STATE OF FLORIDA vs. JACOB JOHN DOUGAN, JR.

After a lengthy evidentiary hearing, the postconviction court, in a detailed,
239-page order, concluded that the murder conviction and sentence of death should
be vacated and a new trial granted on multiple grounds. A key finding was that the
State not only failed to disclose the full extent of its plea deal with William Hearn,
the State’s only eyewitness to the murder, but al... More...
   $0 (10-21-2016 - FL)

Larry Darnell Perry v. State of Florida

In State v. Perry, the Fifth District Court of Appeal addressed two cases
involving defendants awaiting trial for charges of first-degree murder, in which the
State filed notices of intent to seek the death penalty prior to the United States
Supreme Court issuing its decision in Hurst v. Florida on January 12, 2016. Perry,

5. Th... More...
   $0 (10-17-2016 - FL)

TIMOTHY LEE HURST v. STATE OF FLORIDA

The background and facts of this case were reiterated in our decision in
Hurst v. State in pertinent part as follows:
Hurst was convicted for the May 2, 1998, first-degree murder of Cynthia Harrison in a robbery at the Popeye’s restaurant where Hurst was employed in Escambia County, Florida. The victim, also an employee, had been bound and gagged and repeatedly cut and stabbed with a we... More...
   $0 (10-17-2016 - FL)

FRANK MOORE, JR. v. STATE OF FLORIDA

Frank Moore, Jr., appeals his judgment and sentences for possession of cocaine and possession of paraphernalia that were entered following his no contest plea in which he reserved the right to appeal the trial court's dispositive ruling denying his motion to suppress. Because the seizure of the contraband and related inculpatory
statements sought to be suppressed occurred during the unauthor... More...
   $0 (10-08-2016 - FL)

JOSEPH BRIAN VALCARCEL vs STATE OF FLORIDA

The issue presented for our review is whether the trial court conducted a sufficient inquiry in the motion to continue a sentencing hearing where the continuance was critical to appellant retaining counsel of his choice. We find that the trial court summarily denied the motion to continue, which resulted in the summary denial of appellant’s counsel of choice. The denial was made without sufficie... More...   $0 (10-07-2016 - FL)

Kathy Johnson v. Omega Insurance Company

Section 627.428, Florida Statutes, outlines the provision under which an
insured may recover attorney’s fees incurred as a result of recovering on a valid
claim for insurance benefits. See § 627.428, Fla. Stat. (2015). Today we address
the interpretation of section 627.428, and we begin with a review of the actual text
of the statute:
(1) Upon the rendition of a judgmen... More...
   $0 (10-07-2016 - FL)

CRANE CO., R.J. REYNOLDS TOBACCO CO. v. RICHARD DELISLE and ALINE DELISLE

Crane Co. and R.J. Reynolds Tobacco Co. appeal from an adverse jury verdict in favor of Richard DeLisle in which the jury found that both appellants’ products containing asbestos were substantial contributing causes to appellee DeLisle’s mesothelioma and awarded substantial damages. Crane primarily argues that the court erred in not excluding expert causation testimony, in denying its motion for ... More...   $0 (09-20-2016 - FL)

State of Florida v. Matthew Apperson

Sanford, FL - Jury Finds Defendant Guilty On Attempted Murder Charge

The State of Florida charged Matthew Apperson with attempted second dgree muder with a firearm, shooting into an occupied vehicle and aggravated assault with a firearm for shooting a gun in a 2015 road-rage incident involving George Zimmerson on Lake Mary Boulevard.

Apperson claimed self-defense.

Zimmer... More...
   $0 (09-17-2016 - FL)

United States of America v. Forest Hill Garden's East Condominium Association, Inc. and Forest Hill Cardens Property Owners' Association, Inc.

The simplest description of this case is that it involves a dispute between a bank, which foreclosed a first mortgage, and a condominium association. In fact, however, the plaintiff is the United States of America,1 suing on behalf of the Secretary of the Department of Housing and Urban Development ("HUD"), as the successor to two separate banks, each of which foreclosed a first mortgage, and - to... More...   $0 (01-03-2014 - FL)

FERIN BELLAMY v. STATE OF FLORIDA

The issue for our consideration in this case is whether the trial court correctly applied the law in denying appellant’s motion for downward departure. Because the trial court incorrectly applied the law as to two of the downward departure elements, and because the record does not establish that the trial court properly applied the law as to the third element, we reverse and remand for the trial ... More...   $0 (09-05-2016 - FL)

MARTICE SPEARS v. STATE OF FLORIDA

In this appeal, Martice Spears appeals his criminal convictions and sentences in two unrelated cases, CF13-3400 (possession of a firearm by a convicted felon) and CF14-0275 (grand theft). The trial court sentenced Spears to twelve years' imprisonment for possession of a firearm by a convicted felon in CF13-3400, to run consecutively with the already imposed five-year sentence in CF14-0275. We va... More...   $0 (08-29-2016 - FL)

DONARIUS JAVORIUS JOHNSON v. STATE OF FLORIDA

Appellant, Donarius Johnson, appeals his conviction and twelve-year sentence for one count of possession of a firearm or ammunition by a convicted felon. On appeal, Appellant argues that the trial court erred by: (1) allowing the State to call the victim as a witness for the primary purpose of impeaching the witness; (2) admitting the victim’s written statement into evidence as a past recollectio... More...   $0 (08-28-2016 - FL)

CHERYL ROBINSON v. STATE OF FLORIDA

Appellant’s sister was involved in a fight at a park involving two of the eventual victims in this case. Later that night, Appellant, her sister, and another accomplice attacked the four victims at the residence of several of the victims. The only non-victim/aggressor witness to this altercation was the juvenile son of one of the victims. Appellant was charged with five battery-related and prop... More...   $0 (08-28-2016 - FL)

OWEN GRANGE v. STATE OF FLORIDA

We deny appellant’s motion for rehearing and certification, but grant his motion for written opinion. We affirm the denial of his post-conviction motion and address solely his Sixth Amendment claim.
Appellant was convicted of armed burglary of a structure with actual possession of a firearm, robbery with a firearm and aggravated battery with great bodily harm. The convictions followed a ... More...
   $0 (08-28-2016 - FL)

 
 
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