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Florida Due Process Law


Appellant was charged with burglary of a dwelling with assault or battery while armed, kidnapping with a weapon or firearm, abuse of a disabled adult, and possession of a firearm by a convicted felon. His defense counsel filed a motion to examine Appellant “on the issue of competence to proceed,” with an assertion that the motion was made “in good faith and on reasonable ground to believe that [A... More...   $0 (06-11-2018 - FL)


Appellant challenges his convictions for sexual battery and burglary with an assault. He contends that the court erred in multiple rulings. We affirm as to all issues, but address only two. First, the court admitted a 911 call from the victim as an excited utterance. Appellant contends that the time between the incident and the call was sufficient to allow time for reflection, so that the cour... More...   $0 (06-11-2018 - FL)


Takendrick Campbell appeals from the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part; our reversal in part requires that Campbell receive a
- 2
new trial on the charges of trafficking in illegal drugs, trafficking in cocaine, and possession of a controlled substance. Accordingly, we add... More...
   $0 (06-10-2018 - FL)

Ruben McCloud vs State of Florida

On October 14, 2008, McCloud was charged in Leon County with engaging in an organized scheme to defraud. He pleaded no contest on January 15, 2009, and was sentenced to 210 days in jail followed by 12 months of community control and 2 years of probation.

On April 6, 2010, and while still on probation, McCloud was arrested and charged in Duval County with two counts of attempted murde... More...
   $0 (06-10-2018 - FL)


The appellant, James William Mock, III, argues that the trial court violated the principles of double jeopardy when it resentenced him on three counts to fifteen years in prison when it previously sentenced him to ten years in prison on those counts. Based on the written terms of the plea agreement, the representations made by the State and defense during the presentation of the plea agreement, an... More...   $0 (06-10-2018 - FL)

Gino Velez Scott v. United States of America

Middle District of Florida Federal Courthouse - Tampa, Florida

Prosecutors are “servant[s] of the law” and should “prosecute with earnestness and vigor.” Berger v. United States, 295 U.S. 78, 88 (1935). But though the prosecutor “may strike hard blows, he is not at liberty to strike foul ones.” Id.
More than fifty years ago, Brady v. Maryland, 373 U.S. 83, 87 (1963), established that a prosecutor’s suppression of material evidence favorable to the accused... More...
   $0 (05-31-2018 - FL)

Adam B. Boulineau vs Department of Highway Safety and Motor etc.

Petitioner seeks second-tier certiorari review of the circuit court’s order denying first-tier certiorari relief from the final order of the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV had affirmed the revocation of Petitioner’s driver’s license for a period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard for second-tier certior... More...   $0 (05-23-2018 - FL)


U’dreka Kynshere Andrews was convicted of first-degree murder, burglary,
and robbery and was sentenced to life without the possibility of parole for the first
degree murder conviction. Andrews was 17 years old at the time she committed
the offenses. Subsequently, the United States Supreme Court held in Miller v.
Alabama, 567 U.S. 460, 479 (2012), “that the Eighth Amendment for... More...
   $0 (05-22-2018 - FL)


On April 26, 2015, the day before trial was initially scheduled, Appellant’s counsel
filed a notice of incompetency. As a result, the trial court held a competency hearing, and
after considering the reports of two court-appointed experts, found Appellant incompetent
to proceed and committed him to the Department of Children and Families (DCF) for
treatment at the state hospita... More...
   $0 (05-15-2018 - FL)

Dolores Gutierrez v. Wells Fargo Bank, N.A.

United States District Court for the Southern District of Florida - Miami, Florida

This appeal arises from five class actions brought by bank customers
(“Plaintiffs”) alleging that their banks unlawfully charged them overdraft fees.
These cases have been before this Court multiple times in recent years.1 In this
appeal, Wells Fargo appeals the District Court’s denial of its motion to compel
arbitration with the unnamed Plaintiffs comprising the classes. The Distr... More...
   $0 (05-10-2018 - FL)


The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...   $0 (05-05-2018 - FL)


The defendant appeals from his convictions, arising from a carjacking, for grand theft of a vehicle and grand theft. The defendant primarily argues that the trial court erred in permitting the state to introduce into evidence a Facebook video showing the defendant sitting in the stolen car and wearing the victim’s stolen watch just hours after the carjacking occurred. We find no error in any of ... More...   $0 (05-04-2018 - FL)


One evening in February of 2016, Mr. Martin and his girlfriend, Kathryn Lawson, went out for a night on the town that ended in an altercation in a McDonald's parking lot over who should drive to their next destination. According to Ms. Lawson, Mr. Martin punched her twice in the face after she refused to get into the vehicle. According to Mr. Martin, it was he who refused to get in the car, whic... More...   $0 (05-04-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)


The City entered into a contract with American Traffic Solutions, Inc. (“the
Vendor”) to service the City’s red light camera enforcement program. Jimenez,
211 So. 3d at 159. The contract states in pertinent part:
Vendor shall act as City’s agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an Authorized Employee t... More...
   $0 (05-04-2018 - FL)

Christopher Sanchez vs. Miami-Dade County

Chief Judge Rothenberg correctly described the summary judgment
On August 24, 2012, Eli Salgado purchased a Miami-Dade County Park Foundation membership for $149. This membership included a coupon book containing several promotional items, including two tickets to the zoo, a 50% discount coupon for golf, and a coupon for the use of a park shelter without payment of the requisite... More...
   $0 (05-01-2018 - FL)

United States of America v. James Edward Langford, IV

Federal Courthouse - Jacksonville, Florida

Jacksonville, FL - Jacksonville Man Sentenced To Federal Prison For Manufacturing And Possessing Counterfeit Federal Reserve Notes

U.S. District Judge Maria Morales Howard sentenced James Edward Langford, IV (30, Jacksonville) to 33 months in federal prison for manufacturing and possessing counterfeit Federal Reserve notes.

According to court documents, in late July 2017, law enf... More...
   $0 (05-01-2018 - FL)

James Michael Hand, et al. v. Rick Scott

Northern District of Florida Federal Courthouse - Tallahassee, Florida

Appellants Rick Scott, in his official capacity as Governor of the State of Florida, and the other three members of Florida’s Executive Clemency Board (Pam Bondi, Adam H. Putnam, and Jimmy Patronis) (collectively, the “State Executive
Case: 18-11388 Date Filed: 04/25/2018 Page: 1 of 36
Clemency Board”) have appealed from the district court’s orders entered in favor of appellees James... More...
   $0 (05-01-2018 - FL)


A few days after the murder, the police conducted three interviews with the appellant, only the last of which was a custodial interrogation. During the second interview, appellant detailed the murder and confessed that he planned the crime in advance. Following his arrest, appellant was interviewed at the police station, where he again confessed. During this third interview, appellant’s father ... More...   $0 (04-28-2018 - FL)


While the defendant was in jail awaiting trial, he spoke to his wife (the victim’s grandmother) and their telephone conversations were recorded by jail authorities. During closing argument at trial, the prosecutor played the recording of the first phone call the defendant made to his wife, and offered the following closing argument commentary:

And sometimes silence can be deafening. A... More...
   $0 (04-27-2018 - FL)


The defendant below challenges the trial court’s determination that he was competent to stand trial for charges relating to a bank robbery committed in 2010. He argues the trial court erroneously relied on stale competency evaluations. Because the defendant failed to preserve this argument, we affirm.

The trial court determined the defendant was incompetent to proceed in 2013, but his... More...
   $0 (04-27-2018 - FL)


This Court has previously detailed the underlying facts of this case. Hall v.
State (Hall I), 107 So. 3d 262, 267-71 (Fla. 2012). Relevant to the instant
proceeding, Hall, an inmate at Tomoka Correctional Institution (TCI), was
convicted and sentenced to death for the first-degree murder of Correctional
Officer (CO) Donna Fitzgerald. Hall v. State (Hall II), 212 So. 3d 1001,... More...
   $0 (04-16-2018 - FL)

Terrence Jefferson vs. The State of Florida

The 18-year-old victim was walking home around 10:30 pm from her job at
Aventura Mall when the Appellant drove up beside her and repeatedly asked her to
get in the car. Because it was raining heavily, she got in. The Appellant did not go
in the direction of her house, but drove in another direction and then offered her
money to have sex with him. When she refused and tried t... More...
   $0 (04-09-2018 - FL)

Toland Jerome Bonner vs State of Florida

On January 6, 2015, six friends gathered for a birthday dinner at Los Rancheros Mexican Restaurant in Pensacola. After dinner, the friends were hanging out in the parking lot when Bonner approached them with a firearm and demanded money. Bonner moved towards the first victim and pointed the firearm directly at him, within inches from his head, and demanded money. Once Bonner realized the victim di... More...   $0 (04-09-2018 - FL)

James Leigh Ferris v. Dianna Winn, f/k/a Dianna M. Ferris

The former husband, James Ferris (the "father"), appeals the trial court's
nonfinal order granting the former wife's, Dianna Winn (the "mother"), verified
emergency motion ("verified motion") to suspend a mediated postdissolution
timesharing agreement and prohibiting the father from contacting their three minor
children. On appeal, the father argues that he was deprived of his proc... More...
   $0 (04-06-2018 - FL)

Monica A. Gutierrez, et al. v. Juse Luis Vargas, M.D., et al.

Petitioner Monica A. Gutierrez (“Monica”), together with her parents Javier and Monica E. Gutierrez (collectively “Petitioners”), seeks review of the decision of the Third District Court of Appeal in Vargas v. Gutierrez, 176 So. 3d 315 (Fla. 3d DCA 2015), on the ground that it expressly and directly conflicts with decisions of other district courts of appeal on a question of law. We have jurisdict... More...   $0 (03-22-2018 - FL)

Jesse Loor vs. The State of Florida

On December 12, 2012, Loor was charged with one count of lewd and
lascivious molestation of a person less than twelve (12) years of age under section
800.04(5)(b), Florida Statutes (2012), and one count of sexual battery on a victim
less than twelve (12) years of age under section 794.011(2), Florida Statutes
(2012). Both counts involved Loor’s alleged conduct against his biol... More...
   $0 (04-01-2018 - FL)

Loyd P. Cadwell v. Kaufman, Englett & Lynd, P.L.L.C.

Middle District of Florida Federal Courthouse - Tampa, Florida

This case arises under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which, among other things, amended federal law to impose new requirements and prohibitions on professionals who assist with the preparation of bankruptcy petitions. The provision specifically at issue here, 11 U.S.C. § 526(a)(4), provides in relevant part that a “debt relief agency”—including a law firm tha... More...   $0 (03-30-2018 - FL)


In September 1992, James Guzman was convicted for the August 10, 1991,
armed robbery and first-degree murder of David Colvin and was subsequently
sentenced to death for the murder conviction. On direct appeal, we reversed

1. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

- 2 -
Guzman’s convictions an... More...
   $0 (03-26-2018 - FL)


Jeffrey Glenn Hutchinson appeals an order of the circuit court summarily
denying a motion to vacate a judgment of conviction of first-degree murder and a
sentence of death under Florida Rule of Criminal Procedure 3.851. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the circuit court’s
summary denial of Hutchinson’s postconviction claim in light of our de... More...
   $0 (03-25-2018 - FL)

United States of America v. Hernando Javier Vergara

Middle District of Florida Federal Courthouse - Tampa, Florida

This appeal presents the issue whether warrantless forensic searches of two cell phones at the border violated the Fourth Amendment. U.S. Const. amend IV. Hernando Javier Vergara appeals the denial of his motion to suppress evidence found on two cell phones that he carried on a cruise from Cozumel, Mexico to Tampa, Florida. He argues that the recent decision of the Supreme Court in Riley v. Califo... More...   $0 (03-21-2018 - FL)

Pauline Burkhart v. R.J. Reynolds Tobacco Company

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

United States of America v. Andrew Leslie

Middle District of Florida Federal Courthouse - Jacksonville, Florida

Jacksonville, FL - Florida Man Sentenced to 60 Years in Prison for Using an Infant and a Toddler to Produce Child Pornography

A Middleburg, Florida man who used an infant and a toddler to produce child pornography was sentenced to 60 years in federal prison yesterday, to be followed by a lifetime of supervised release.

Acting Assistant Attorney General John P. Cronan of the Justi... More...
   $0 (03-02-2018 - fl)

United States of America v. Michael St. Hurbert

United States District Court for the Southern District of Florida - Miami, Florida

On February 16, 2016, Michael St. Hubert pled guilty to two counts of using, carrying, and brandishing a firearm during, in relation to, and in furtherance Case: 16-10874 Date Filed: 02/28/2018 Page: 1 of 39
of a crime of violence, in violation of 18 U.S.C. § 924(c). The district court sentenced St. Hubert to 84 months’ imprisonment for the first § 924(c) conviction and 300 consecutive m... More...
   $0 (02-28-2018 - FL)

United States of America v. Edwin Deshazior

Edwin Deshazior appeals his 180 month sentence following his conviction for being a felon in possession of a firearm. He argues that he should not have received a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. §§ 924(e)(1) and 924(e)(2)(B), because he did not have three prior convictions for violent felonies under the act and because his prior felon... More...   $0 (02-21-2018 - FL)

Dennis Godelia v. Zoll Services, LLC

Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

James Smith, Sr. v. R.J. Reynolds Tobacco Company, et al.

Middle District of Florida Federal Courthouse - Tampa, Florida

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da... More...   $0 (01-31-2018 - FL)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-23-2018 - FL)

United States of America v. Stanley Presendieu and Scarlee Valias Jean

Southern District of Florida Courthouse - Miami, Florida

After their guilty pleas, defendant Stanley Presendieu appeals his convictions and defendant Scarlee Valias Jean appeals her sentence. Having carefully reviewed the record and the parties’ briefs, and with the benefit of oral argument, we (1) affirm Presendieu’s convictions and (2) vacate Jean’s sentence and remand for further proceedings.
This case involves an illegal check-... More...
   $0 (01-19-2018 - FL)

L.M.P. v. School Board Broward, et al.

Southern District of Florida Courthouse - Miami, Florida

This Individuals with Disabilities Education Act (“IDEA”) case comes before this Court after a twelve-year battle by two sets of parents on behalf of their children to receive the specific therapy they believed their children deserved. Beginning in 2005, Appellant L.M.P., a mother of triplets acting individually and on her children’s behalf, sought the aid of the courts to force Appellee School Bo... More...   $0 (01-21-2018 - FL)

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