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Florida Due Process Law
 

STATE OF FLORIDA vs DONALD RICHARDVILLE

.

The state appeals from the circuit court’s order granting the defendant’s motion for a downward departure sentence. The state argues that the court’s reasons for departing from the permitted sentencing range, including the defendant’s “ignorance of the law,” were legally insufficient.

We agree that the court erred, as the state has argued. However, the state did not preserve the err... More...
   $0 (04-23-2017 - FL)

MICHAEL LEVANDOSKI vs STATE OF FLORIDA

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In 2010, Levandoski pleaded guilty to charges of lewd computer solicitation of a child and traveling to meet a minor for unlawful sexual activity. At sentencing, the court orally stated that “I’m going to sentence him to 48 months in the Department of Corrections on count I, followed by one year of sexual offender probation, and count II, 48 months incarceration in the department of corrections f... More...   $0 (04-23-2017 - FL)

JAMES EARL CHAMBERS v. STATE OF FLORIDA

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James Earl Chambers appeals his conviction and sentence for robbery with a deadly weapon. We conclude that the trial court properly denied appellant’s motion for judgment of acquittal and affirm his conviction. However, we reverse for resentencing due to a scoresheet error and the imposition of indigent defense fees and state investigative costs.

The state’s evidence showed that a mas... More...
   $0 (04-23-2017 - FL)

DONALD LENNETH BANKS vs. STATE OF FLORIDA

DONALD LENNETH BANKS vs. JULIE L. JONES, etc.

Donald Lenneth Banks was convicted and sentenced to death for the 2005
murder of Linda Volum. This Court’s opinion on direct appeal included the
following regarding the murder and Banks’ subsequent trial:
During the late evening hours of March 9 or the early morning hours of March 10, 2005, the Victim was stabbed to death. The killing probably occurred between midnight and 4:00 a.... More...
   $0 (04-23-2017 - FL)

Alex Barron m vs. The State of Florida

In 2005, Alex Barron was civilly committed following a jury trial upon a
petition for involuntary civil commitment of sexually violent predators, pursuant to
sections 394.910-.930, Florida Statutes (2015).1
In 2015, Barron filed a petition for release from civil commitment, which
required the trial court to follow the threshold procedures established in section
394.918(3)... More...
   $0 (04-14-2017 - FL)

ROBERT LEE RUMPH v. STATE OF FLORIDA

"

Robert Lee Rumph, Jr., appeals the judgment and sentence imposed upon him by the trial court after he pled no contest to second-degree murder with a firearm pursuant to a negotiated plea agreement. He argues that the trial court committed reversible error when it failed to follow the proper competency procedures and failed to enter a written order finding him competent to proceed before it permit... More...   $0 (04-14-2017 - FL)

ROGER DENNIS CHURCHILL, JR. vs. STATE OF FLORIDA

Following his arrest in Citrus County in July 2013, Churchill was charged
with one count of conspiracy to manufacture methamphetamine, one count of
manufacture of methamphetamine, and one count of possession of a listed
chemical. Prior to trial, Churchill filed a motion in limine seeking to exclude
witness testimony about the identity of the substances found at the scene of hi... More...
   $0 (04-14-2017 - FL)

RICO JOHNSON v. STATE OF FLORIDA

In September 2014, the City/County Investigative Bureau in Seminole County (the “CCIB”) began investigating the sale and distribution of cocaine that allegedly involved Appellant, co-conspirator Edward Howard, Jr., and more than one hundred other suspects. A wiretap on Howard’s telephone allowed the CCIB to record calls and receive data about intercepted phone calls, including the date and time o... More...   $0 (04-08-2017 - FL)

CALVIN WEATHERSPOON vs. STATE OF FLORIDA

Weatherspoon, along with four codefendants, was charged with the
November 2008 robbery of a Dunkin’ Donuts in Delray Beach, Florida. During
the course of the robbery, one of the codefendants shot two people in the store and
one in the parking lot. All four codefendants were charged pursuant to a single
information containing multiple counts, including attempted first-degree m... More...
   $0 (04-08-2017 - FL)

VICTOR GUZMAN vs. STATE OF FLORIDA

On December 9, 2000, Severina Fernandez was found stabbed to death in
her Miami apartment. The case went cold until 2004, when DNA from blood left
at the crime scene was determined to match Victor Guzman’s DNA. As a result,
Guzman was indicted for first-degree murder, stood trial, and was convicted. The
jury recommended a sentence of death by a vote of seven to five, and the... More...
   $0 (04-07-2017 - FL)

CORNELIUS O. BAKER vs. STATE OF FLORIDA & CORNELIUS O. BAKER vs. JULIE L. JONES, etc

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Baker was convicted by a jury and sentenced to death for the January 2007
robbery, kidnapping, and murder of Elizabeth Uptagrafft. This Court summarized
the case... More...   $0 (03-27-2017 - FL)

KENNETH R. JACKSON vs. STATE OF FLORIDA

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At approximately 6:30 a.m. on September 13, 2007, an individual who lived
at Bullfrog Court in Gibsonton initially heard noises t... More...
   $0 (03-27-2017 - FL)

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)

 
 
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