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Florida Due Process Law
 

JESSE LEWIS MCINERNEY vs STATE OF FLORIDA


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The defendant appeals his sentence for DUI manslaughter. He argues the trial court erred in admitting an eyewitness’s statement over a hearsay objec... More...
   $0 (03-19-2017 - FL)

VICTOR GUERRA vs STATE OF FLORIDA

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We grant the state’s motion for rehearing or clarification and withdraw the opinion issued February 8, ... More...
   $0 (03-19-2017 - FL)

WILLIE JAMES HODGES vs. STATE OF FLORIDA

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Hodges was convicted of first-degree murder and sentenced to death. On
appeal, we a... More...
   $0 (03-18-2017 - FL)

TAVARES J. WRIGHT vs. STATE OF FLORIDA

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On November 13, 2004, a jury found Wright guilty of two counts of first
degree murder, two counts of kidnapping, two counts of robbery, and one count of
carjacking. See Wright v. State, 19 So. 3d 277, 2... More...   $0 (03-18-2017 - FL)

United States of America v. Kenneth Chatman, a/k/a "Kenny" and Laura Chartman

Miami, FL - Two Defendants Plead Guilty in Multi-Million Dollar Health Care Fraud and Money Laundering Scheme Involving Sober Homes and Alcohol and Drug Addiction Treatment Centers

Two owners of sober homes and alcohol and drug addiction treatment centers pled guilty for their participation in a multi-million dollar health care fraud and money laundering scheme that involved the filing of... More...
   $0 (03-16-2017 - FL)

Justin Devone Morgan vs State of Florida

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This is a direct criminal appeal from Appellant’s judgment and sentence for
resisting an offi... More...
   $0 (03-14-2017 - FL)

SCOTT K. TOBIASSEN vs STATE OF FLORIDA

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On August 13, 2013, Tobiassen called his friend and told her that he needed to see her. When the friend arrived, Tobiassen showe... More...
   $0 (03-13-2017 - FL)

ROGER TERRELL vs STATE OF FLORIDA

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Roger Terrell appeals his conviction and sentence for one count of sale of cocaine within 1,000 fe... More...
   $0 (03-13-2017 - FL)

HOWARD STEVEN AULT vs. STATE OF FLORIDA

The facts of this case were set forth in Ault’s first direct appeal:
Howard Steven Ault was charged with two counts of firstdegree murder in the deaths of two young sisters, eleven-year-old Deanne Mu’min and seven-year-old Alicia Jones. Ault was also charged with two counts of sexual battery on a child under twelve years old, two counts of kidnaping a child under thirteen years old, and two ... More...
   $0 (03-13-2017 - FL)

DALE GLENN MIDDLETON vs. STATE OF FLORIDA

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Roberta Christensen, as well as her husband of thirty-one years, lived in a
trailer across the street from Middleton. On July 1, 2009, Mr. Christensen went to
New Jersey to visit the couple’s son. Before ... More...   $0 (03-13-2017 - FL)

DAVID S. CRAMER v. STATE OF FLORIDA

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David Cramer appeals from his convictions for possession of a controlled substance, possession of drug paraphernalia, and... More...
   $0 (03-06-2017 - FL)

CALEB ANDREW FERNANDEZ v. STATE OF FLORIDA

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Caleb Fernandez was convicted of possession of cocaine, received a forty-month prison sentence, an... More...
   $0 (03-06-2017 - FL)

Reginald Wilkinson vs. The State of Florida

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In 1994, Wilkinson was convicted of first-degree murder with a firearm for a
crime he committed when sixteen years old. He was sentenced to life in prison
with eligibility for parole after twenty-five ... More...   $0 (03-06-2017 - FL)

Francis Wong v. State of Florida

Sex Offender

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Wong was convicted of two counts of lewd or lascivious molestation against
a victim less than twelve years of age, §... More...
   $0 (03-06-2017 - FL)

Dale Lee Norman v. State of Florida

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On February 19, 2012, Dale Lee Norman received by mail a license issued
by the Florida Department ... More...
   $0 (03-06-2017 - FL)

United States of America v. Cody Boone Covert

Pensacola, FL - Active Duty Air Force Master Sergeant Sentenced to Prison for Accepting Bribes in a Government Contract Fraud Scheme



United States Air Force Master Sergeant Cody Boone Covert, 43, of Fort Walton Beach, was sentenced late yesterday to 23 months in prison and $126,300 in restitution for conspiracy (to commit theft of honest services and wire fraud) and bribery by a... More...
   $0 (03-02-2017 - FL)

John Ray Smith vs State of Florida

Appellant was convicted of conspiracy to commit armed robbery and
second-degree felony murder. While we affirm Appellant’s conspiracy conviction,
we reverse Appellant’s conviction of second-degree felony murder, because as the
State correctly concedes, conspiracy is not a predicate offense for felony-murder, and thus, the jury instruction to the contrary was erroneous. Pugh v. Sta... More...
   $0 (02-24-2017 - FL)

JOSE MARTINEZ vs. STATE OF FLORIDA

In 2000, Martinez was charged by information with one count of robbery
with a firearm. The State alleged in the information that Martinez “carried” the
firearm during the commission of the offense in violation of section 812.13(2)(a),
Florida Statutes (1999).2 Following a jury trial, Martinez was found guilty as
charged. In response to a special interrogatory, the jury also ... More...
   $0 (02-24-2017 - FL)

SHARON MYERS vs. STATE OF FLORIDA

On June 16, 2008, Gary Kenney, Myers’ husband,3 was found murdered in
his family’s home in Merritt Island, Florida. He had been shot several times and
had several lacerations to his wrist and neck. Shortly after the victim’s body was
found, Myers’ son, Darryl Kenney, and his friend, Rubin Nero, were apprehended
near the scene and confessed to the murder. Both Darryl and Rubi... More...
   $0 (02-24-2017 - FL)

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)

 
 
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