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Florida Due Process Law
 

United States of America v. Edwin Deshazior

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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.
I. BACKGROUND
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)

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 (01-18-2018 - FL)

United States of America v. Lawrence Foster, d/k/a Lorenzo Foster

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

This is a real estate fraud case. A jury convicted Lawrence Foster of defrauding investors with regard to real estate located on the island of Rum Cay in the Bahamas. Foster appeals the district court’s (1) denial of his three motions for a judgment of acquittal; (2) determination of the loss amount, restitution award, and his sentence; and (3) denial of his motion to vacate the verdict due to all... More...   $0 (01-04-2018 - FL)

United States of America v. Stephanie Lois Watkins, a/k/a Stephanie Harrell

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

Stephanie Watkins, a native and citizen of Jamaica—and until her deportation in 2003, a lawful permanent resident of the United States—appeals her conviction for reentering the country illegally following deportation. On appeal, Watkins argues that her indictment should have been dismissed because her deportation order was invalid due to a change in what crimes are considered “crimes involving mor... More...   $0 (01-05-2018 - FL)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC

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

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

ALEXIS J. CARTAGENA vs STATE OF FLORIDA

This case presents two issues for our review. First, we are asked to determine whether evidence of acts committed by appellant shortly after the charged crime is considered inextricably intertwined with the offense so as to be admissible at trial. Second, we must decide whether the trial court properly applied a sentencing multiplier based on facts not submitted to the jury. As to the first iss... More...   $0 (01-10-2018 - FL)

ROBERT J. BAEHREN v. STATE OF FLORIDA

Robert Baehren appeals sentences imposed for multiple convictions. Because we agree with his assertion that the trial court impermissibly considered a pending and unresolved charge in making its sentencing determination, we reverse and remand for resentencing before a different judge.

The sentences on appeal correspond to charges brought in December 2013. The defendant pled no conte... More...
   $0 (01-10-2018 - FL)

Sylvester Hooks vs State of Florida

Prior to trial on two counts2 and on violation of probation, Hooks informed
the trial court that he wished to represent himself. The trial court had Hooks read,
initial, and sign a form entitled “Self-Representation Advisory Form/Trial” (“the
form”). The trial court then asked if Hooks read over the form carefully. Hooks
answered in the affirmative. The trial court then proceed... More...
   $0 (12-31-2017 - FL)

William Roberts, II, a/k/a Rick Ross and Andrew Harr v. Stefan Kendal Gordy, Skyler Austen Gorday

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

William L. Roberts II, Andrew Harr, and Jermaine Jackson (collectively “Appellants”), who are artists in the hip-hop industry, appeal the dismissal of their copyright infringement case. On appeal, they argue that their copyright registrations were improperly invalidated under 17 U.S.C. § 411 without a showing of scienter and that they made a proper showing of copyright ownership. Appellees counter... More...   $0 (12-15-2017 - FL)

United States of America v. Anthony Tyrone Johnson

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

Anthony Tyrone Johnson appeals the denial of his 18 U.S.C. § 3583(e)(1) motion for early termination of supervised release. He contends that the District Court abused its discretion by summarily denying his motion without explanation. Section 3583(e)(1) requires courts to consider several § 3553(a) sentencing factors when terminating a term of supervised release. The issue before us is whether, an... More...   $0 (12-15-2017 - FL)

United States of America v. Jean Oscar, a/ki/a ZB, Hypico Beaulieu, a/k/a Pico, a/k/a Dred

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

Defendant Hypico Beaulieu appeals his six criminal convictions and his sentence, all related to drug trafficking and the illegal possession of firearms. Co-defendant Jean Oscar appeals his two convictions for being a convicted felon in possession of a firearm on two different dates. Their appeals present five issues, implicating the lengthy investigation that led to their arrests and their joint c... More...   $0 (12-22-2017 - FL)

Raymond Berthiaume v. David T. Smith and City of Key West

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

Defendants David T. Smith and the City of Key West (collectively “defendants”) moved for panel rehearing of an opinion originally filed on October 5, 2017 and reported at __ F. App’x __, 2017 WL 4422465. Defendants also moved for publication of the opinion. We grant in part and deny in part the defendants’ motion for panel rehearing, grant the defendants’ motion for publication of the opinion, vac... More...   $0 (12-11-2017 - FL)

Tanja Vidovic v. City of Tampa

Middle District of Florida Federal Courthouse - Tampa, Florida

Tampa, FL - Jury Awards Former Firefighter On Discrimination Theory

Tanja Vidovic, age 36, sued the City of Tampa on a civil rights theory under 42 U.S.C. 2000e claiming that she was discriminated against because she was pregnant and that the City retaliated against her when she complained.

She claimed that three captains asked her for sex and the city retaliated against her afte... More...
   $245000 (12-08-2017 - FL)

James Eric Knight vs. The State of Florida

Knight was charged in Count II of the information with robbery based on the
taking of property “by force, violence, assault or putting in fear . . . in violation of
812.13 Florida Statutes . . . .” These are the elements of a simple robbery, a
second-degree felony under section 812.13(2)(c), Florida Statutes (1977), for
which the maximum sentence is 15 years under section 775.... More...
   $0 (12-02-2017 - FL)

DEBORAH JEAN MOULTON v. STATE OF FLORIDA

Deborah Jean Moulton appeals her conviction and sentence for the reduced charge of principal to manslaughter with a firearm, contending that her due process rights were violated because the trial court did not make an independent determination that she had been restored to competency before it accepted her plea to the reduced charge. Because it is not clear that the trial court made an independen... More...   $0 (11-18-2017 - FL)

Bryan Grigg vs State of Florida

During jury selection in Mr. Grigg’s trial below, the state prosecutor asked
prospective jurors if any of them would have a problem reaching a verdict in a case
where no physical evidence was presented. Three prospective jurors indicated that
they couldn’t convict a defendant in the absence of physical evidence, whereupon
the trial court began asking its own questions. The tria... More...
   $0 (11-18-2017 - FL)

STATE OF FLORIDA vs. RAYMOND MORRISON, JR.

Jacksonville man gets off Death Row after judge finds original lawyer was ineffective

In 1998, Morrison was convicted of “first-degree murder for the January 8,
1997, killing of Albert Dwelle, which occurred during the course of a robbery upon
Dwelle in his apartment in Duval County,” and “armed robbery with a deadly
weapon and burglary of a dwelling with intent to commit a battery, with an assault
or battery on Dwelle.” Morrison v. State, 818 So. 2d 432, 437 (... More...
   $0 (11-18-2017 - FL)

CATHERINE M. PILEGGI vs STATE OF FLORIDA

Catherine Pileggi sentenced to 25 years for murdering boyfriend

Catherine Pileggi (“Defendant”) appeals her judgment of conviction for second degree murder. Defendant raises two arguments on appeal: (1) the trial court erred in denying her motion for judgment of acquittal; and (2) she was denied due process by not being given the opportunity to perform an independent autopsy. The State cross-appeals, arguing that in the event of reversal, the court improperl... More...   $0 (11-13-2017 - FL)

STATE OF FLORIDA V. KEVIN RATLIFF

The State seeks review of a postconviction order declaring unconstitutional two life sentences for the crimes of first-degree murder and attempted first-degree murder which Kevin Ratliff committed when he was a juvenile. The postconviction court granted relief under Miller v. Alabama, 567 U.S. 460 (2012), and Graham v. Florida, 560 U.S. 48 (2010), as interpreted in Atwell v. State, 197 So. 3d 104... More...   $0 (11-12-2017 - FL)

BRIAN KEITH CHESSER v. STATE OF FLORIDA

Brian Chesser appeals the order revoking his probation and his resulting forty-month sentence. He argues that the trial court denied him due process when it interrupted him at the sentencing hearing and refused to listen to his statements before sentencing him. We agree. See Amason v. State, 76 So. 3d 374, 377 (Fla. 2d DCA 2011) ("A probationer must have an opportunity to present mitigating evi... More...   $0 (11-12-2017 - FL)

ERNEST D. SUGGS vs. STATE OF FLORIDA

We previously summarized the evidence presented at Suggs’s trial as
follows:
Pauline Casey, the victim, worked at the Teddy Bear Bar in Walton County. On the evening of August 6, 1990, the bar was found abandoned, the door to the bar was ajar, cash was missing from the bar, and the victim’s car,
purse, and keys were found at the bar. The victim was missing. Ray Hamilton, the vict... More...
   $0 (11-12-2017 - FL)

Antony Lee Turbeville v. Financial Industry Regulatory Authority

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

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce ... More...
   $0 (11-01-2017 - FL)

Michael Frank Burgess v. United States of America

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

Efficiency can be a virtue, particularly for a court. But sometimes we can have too much of even a good thing.1 That’s what happened here. In this case, Petitioner-Appellant Michael Frank Burgess filed a 28 U.S.C. § 2255 motion challenging his conviction and sentence. Although the government opposed Burgess’s motion on the merits, the district court instead, and of its own volition, invoked a coll... More...   $0 (11-06-2017 - FL)

FRANCISCO HENRY vs STATE OF FLORIDA

Four high school students (three males, one female) were playing cards and smoking marijuana in an abandoned house. A man (“the codefendant”) joined them in playing cards and texting until Appellant arrived. The co-defendant produced a gun and ordered the victims to put their possessions on a table. He ordered the female student to remove her pants, and he penetrated her vagina with a pencil. ... More...   $0 (11-02-2017 - FL)

State of Florida v. Andrew Jeff Coffee, Jr.

Indian River County Courthouse - Vero Beach, Florida

Vero Beach, FL - Jury Convicts Defendant On Attempted Murder Charge

The State of Florida charged Andrew Coffee, Jr., age 55, with attempted murder for trying to kill Deputy Chris Lester during a traffic stop during the early morning hours of December 18, 2015.

A video of the encounter showed that Coffee punched and then pulled a .357 mag revolved and firing it as Lester lay on th... More...
   $0 (11-02-2017 - FL)

City of Tavares and Gallagher Bassett Services, Inc. v. Billy Harper

In this workers’ compensation appeal, the Employer/Servicing Agent (E/SA)
seek review of the Judge of Compensation Claims’ (JCC’s) order finding that
Claimant, a law enforcement officer, established the compensability of his
2
hypertension under the statutory presumption in the Heart-Lung Statute, section 112.18(1), Florida Statutes (2015). According to the E/SA, Claimant’s pre-emp... More...
   $0 (10-24-2017 - FL)

In Re: Fundamental Long Term Care, Inc.

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

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

Amal Eghnayem, et al. v. Boston Scientific Corporation

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

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o... More...   $0 (10-21-2017 - FL)

Georges Richardson v. State of Florida

Broward County Courthouse - Fort Lauderdale, Florida

Appellant, Georges Richardson, timely appeals his judgment and sentence after a jury found him guilty of a lesser included offense, robbery. On appeal, Richardson argues that the trial court erred in admitting a video tape into evidence. We disagree and affirm.
Background
Richardson was arrested and charged with the armed robbery of a cell phone store. The robbery occurred on July 15, 2013... More...
   $0 (09-27-2017 - FL)

Stephen Lukacs v. Christina Brooke Ice

Suwannee County Courthouse - Live Oak, Florida

Appellant, Florida Farm Bureau Casualty Insurance Company, appeals the
2
trial court’s Final Judgment Awarding Reasonable Attorneys’ Fees. Appellant raises three issues on appeal, only one of which merits discussion and reversal. Appellant contends that the trial court erred in applying a contingency risk multiplier to the attorney’s fees it awarded to Appellee, Gerald H. Gray, because the... More...
   $0 (10-01-2017 - FL)

Nam Dang v. Sheriff, Seminole County, Florida

Middle District of Florida Federal Courthouse - Tampa, Florida

Nam Dang’s health deteriorated while he was a pretrial detainee in the John E. Polk Correctional Facility (the “Jail”). Ultimately, Dang was diagnosed with meningitis, which caused him to suffer multiple strokes resulting in permanent injuries. Dang alleges § 1983 liability against several health care providers for providing inadequate medical care while Dang was in Jail and Seminole County Sherif... More...   $0 (10-01-2017 - FL)

Thomas Larsen v. Citibank, FSB

Southern District of Florida Federal Courthouse - Miami, Florida

Plaintiff David Johnson filed a putative class-action suit against Defendant KeyBank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the a... More...   $0 (10-01-2017 - FL)

United States of America v. Robert William Green

Northern District of Florida Federal Courthouse - Tallahassee, Florida

In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot.
A jury convicted defendant Robert Green of being a felon ... More...
   $0 (10-01-2017 - FL)

Jamie Landry v. Charlotte Motor Cars, LLC and American States Insurance Company

Charlotte County Florida Courthouse - Punta Gorda, Florida

Jamie Landry appeals the trial court's order that dismissed her action for alleged odometer fraud against Charlotte Motor Cars, LLC, and American States Insurance Company (collectively, "the Dealership"), as a sanction for the asserted
- 2 -
spoliation of the vehicle in question after it was repossessed. Because the Dealership failed to establish that the vehicle was lost, misplaced, or de... More...
   $0 (09-06-2017 - FL)

Susan S. Kennedy v. Res-GA Lake Shadow, L.L.C., Lake Shadow Limited, LLC, and William Kennedy

Walton County Florida Courthouse - DeFuniak Springs, Florida

Susan S. Kennedy appeals an order denying her motion to vacate a writ of execution and sheriff’s deed issued on her Panhandle condominium. RES-GA Lake Shadow, LLC (RES-GA), brought proceedings supplementary to execution related to a money judgment against Ms. Kennedy’s former husband. Without impleading Ms. Kennedy into the case, RES-GA received a writ of execution and sheriff’s deed giving it a o... More...   $0 (09-06-2017 - FL)

 
 
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