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Florida Due Process Law
 
Roland Long v. State of Florida

Appellant was convicted of conspiracy to manufacture methamphetamine. The criminal information alleged that appellant conspired to manufacture methamphetamine with “Ray Ray Webb.” However, during the trial, the only evidence presented of a conspiracy included specific references to “Ray Ray Hicks,” not “Ray Ray Webb.” We find that the variance between what was charged in the information and wha... More...   $0 (05-28-2016 - FL)

John Goodman v. Florida Department of Law Enforcement

Appellant John Goodman was involved in a vehicular collision that resulted in the death of another individual. Appellant’s blood was drawn after the accident for blood alcohol testing, pursuant to Florida’s implied consent statutes. See §§ 316.1932-34, Fla. Stat. (2010). Ultimately, Appellant was charged with DUI Manslaughter/Failed to Render Aid and Vehicular Homicide/Failed to Give Informatio... More...   $0 (05-28-2016 - FL)

RAMON DAVID SENGER v. STATE OF FLORIDA

Ramon David Senger (“Senger”) appeals his dual convictions under sections
847.0135(3)(b) and 847.0135(4)(b), Florida Statutes (2011)—using a computer to solicit
a person believed to be a parent for sex with a minor (“solicitation”) and traveling after
using a computer to solicit a person believed to be a parent for sex with a minor (“traveling
after solicitation"). Following t... More...
   $0 (05-28-2016 - FL)

Ronald Pak Zern vs State of Florida

Ronald Pak Zern, Appellant, appeals from his convictions for aggravated
assault, aggravated battery on a person sixty-five years of age or older, improper
exhibition of a firearm, and tampering with evidence. He argues that the trial court
erred in failing to make an independent finding of competence or incompetence
2
after ordering psychological evaluations and schedulin... More...
   $0 (05-14-2016 - FL)

STATE OF FLORIDA v. DAVID VINCENT MALONEY

The State of Florida timely appeals the trial court’s order granting David Maloney’s
motion to suppress certain statements he made to police before he was advised of his
Miranda1 rights. Because we conclude the public safety exception to the Miranda
requirement permits the admission of Maloney’s statements, we reverse.

Maloney was a member of a motorcycle gang known as th... More...
   $0 (05-13-2016 - FL)

State of Florida v. Donna Horwitz

Donna Horwitz was charged with first-degree murder with a firearm for the
2011 death of her ex-husband, Lanny Horwitz, in Jupiter, Florida. The Fourth
District set forth the facts: On the morning of September 30, 2011, Lanny was shot multiple times in the master bathroom of his home and was pronounced dead at the scene. [Horwitz] and Lanny had been divorced twice, but they were living... More...
   $0 (05-05-2016 - FL)

Jermaine C. Jackson v. State of Florida

This case is before the Court for review of the decision of the Fourth District
Court of Appeal in Jackson v. State, 137 So. 3d 470 (Fla. 4th DCA 2014). Because
the district court expressly declared a state statute valid, this Court has jurisdiction
to review the decision. See art. V, § 3(b)(3), Fla. Const.
Appellant, Jermaine Jackson, was convicted of one count of robbery w... More...
   $0 (05-05-2016 - FL)

Richard Walker v. State of Florida

Appellant/cross-appellee Richard Walker timely appeals his sentence, arguing that the trial court imposed a vindictive sentence, higher than the sentence offered in plea negotiations in which the court participated. The State cross-appeals, arguing that the trial court erred by dismissing one of appellant’s charges at sentencing. We affirm appellant’s sentence, concluding that the court did not ... More...   $0 (04-21-2016 - FL)

JEREMY PEHLKE v. STATE OF FLORIDA

A jury found Jeremy Pehlke guilty of fleeing to elude a law enforcement officer with lights and sirens activated. Mr. Pehlke solely challenges his associated nine-month term of incarceration, arguing that the trial court committed fundamental error by considering his lack of remorse when imposing sentence. The State forthrightly concedes that the trial court committed fundamental error. We thus... More...   $0 (04-15-2016 - FL)

Guelmer J. Escobar v. State of Florida*

In this Anders appeal, we are asked to review a final judgment of conviction and sentence that resulted from the revocation of the defendant’s probation. We find no basis for reversal, but the case provides us with an opportunity to address a jurisdictional issue, and to recede in part from our decision in Harris v. State, 961 So. 3d 1131 (Fla. 4th DCA 2007).
In 2010, the defendant entered ... More...
   $0 (04-15-2016 - FL)

The State of Florida vs. British Moss

The State of Florida petitions this Court for a writ of certiorari to review an
order rendered by the trial court which denied, in part, the State’s motion to
compel discovery. We agree that the trial court’s order departs from the essential
requirements of law because the respondent, British Moss, never presented the trial
court a request and a showing for good cause. Accordi... More...
   $0 (04-08-2016 - FL)

Dwaine Merchant vs. The State of Florida

The State indicted Merchant for first-degree murder (Count One) and
attempted first-degree murder (Count Two). The first trial began in August 2013.
The jury venire was comprised of 50 potential jurors, including both Kira Criado
(“Kira”) and Kevin Criado (“Kevin”). At the commencement of the jury selection
process, the trial court introduced the court staff, the attorneys, a... More...
   $0 (04-08-2016 - FL)

Corey Lake v. State of Florida*

Lake claims that his annual review trial, a civil proceeding, should be closed because the Treatment Progress Report from the commitment facility, which is confidential pursuant to section 394.921, Florida Statutes (2015), will necessarily be discussed at the hearing. Lake cannot overcome the strong presumption of openness in civil proceedings and the public policy set forth section 394.921 does ... More...   $0 (04-01-2016 - FL)

Dennis DeMartin v. State of Florida*

Appellant appeals the trial court’s order finding him guilty of two counts of contempt. Appellant claims that the trial court erred in finding him in contempt for failing to divulge during voir dire that his ex-wife was arrested for DUI and for conducting a drinking experiment during the pendency of a trial in which appellant was a juror. We find that competent substantial evidence supports the ... More...   $0 (04-01-2016 - FL)

Dennis DeMartin v. State of Florida*

Appellant appeals the trial court’s order finding him guilty of two counts of contempt. Appellant claims that the trial court erred in finding him in contempt for failing to divulge during voir dire that his ex-wife was arrested for DUI and for conducting a drinking experiment during the pendency of a trial in which appellant was a juror. We find that competent substantial evidence supports the ... More...   $0 (03-30-2016 - FL)

CHAUNCEY GARDNER v. STATE OF FLORIDA

Tivasha Logan gave birth to Mr. Gardner's child on May 11, 2009. This was their fourth child together. The infant, a girl, was born ten weeks premature. Although the infant initially had some trouble with bottle feeding, she thrived in the hospital neonatal unit and was discharged to the care of her mother at the end of July 2009. Three months later, the infant died of malnutrition. There is... More...   $0 (03-25-2016 - FL)

Kate Calvin, et al. v. Jefferson County Board of Commissioners, et al.

Imagine a fictional Florida county—I’ll call it Marshall County—with a total census population of 12,000. Marshall County is run by a board of commissioners comprised of five peo-ple, each of whom is elected from a single-member district with a total census population of exactly 2,400. The Marshall County School Board, which also has five members, uses the same district lines. Case 4:15-cv-00131-M... More...   $0 (03-24-2016 - FL)

R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.

This case involves a lawsuit filed in 2004 against R.J. Reynolds Tobacco
Company, by plaintiff Pamela Ciccone, as the personal representative of the estate
of her deceased husband, George Ciccone, a smoker from the age of eight who
died of lung cancer in 2002. After our Engle decision was issued, Ciccone
amended her complaint “to reflect her membership in the Engle class, alle... More...
   $0 (03-24-2016 - FL)

Noel Plank v. State of Florida

On April 15, 2013, Noel Plank, a prospective juror, appeared for jury duty at
the Leon County Courthouse at 11:30 a.m. and was part of a panel that was seated
in the courtroom at approximately 1:40 p.m. In response to general biographical
questioning, Plank advised the trial judge that he had various issues that would
make it difficult for him to serve on the jury:
I work... More...
   $0 (03-17-2016 - FL)

James Robertson v. State of Florida

In connection with his plea of guilty to the charge of first-degree murder,
Robertson submitted statements admitting that in December 2008, while an inmate
at Charlotte Correctional Institution, he killed his cellmate, Frank Hart, by
strangling him with a garrote he made by tying several socks together. According
to Robertson’s statement, there was no provocation or fight that... More...
   $0 (03-17-2016 - FL)

Dravien Jerrod Jones v. State of Florida

Appellant Dravien Jones appeals the denial of his motion to suppress evidence found in his vehicle during a traffic stop. Consistent with the Supreme Court’s recent decision in Rodriguez v. United States, 135 S. Ct. 1609 (2015), we agree with Appellant that the search occurred during an illegal detention. We therefore reverse his conviction.
Background
An officer of the Sebastian P... More...
   $0 (03-12-2016 - FL)

State of Florida v. Robert Franklin Floyd

Robert Franklin Floyd, the Respondent, was charged with one count of
second-degree murder and one count of shooting at, into, or within an occupied
vehicle in connection with the death of Getyron Lopez Benjamin. Floyd asserted
that he shot at the vehicle in which Benjamin was a passenger both in self-defense
and defense of others.
Floyd was hosting a party at his reside... More...
   $0 (03-12-2016 - FL)

The State of Florida vs. Milot Richard

The relevant facts below are straightforward and not in dispute:
Milot Richard (“Richard”) was arrested and charged with one count of
soliciting prostitution in violation of section 796.07(2)(f), Florida Statutes (2014),
after he offered to pay an undercover police officer for oral sex. Richard, who was
represented by a public defender, negotiated a plea with the State, which... More...
   $0 (03-09-2016 - FL)

David Rodriguez vs. The State of Florida

In 1983, Rodriguez was convicted and imprisoned for raping a 15-year old
victim; he was released in 1988. Days after his release from prison he violently
attacked two more women, and was charged with attempted kidnapping and
aggravated battery (victim K), and attempted first degree murder (victim E). After
trial in 2012, the jury returned a verdict finding Rodriguez a sexuall... More...
   $0 (03-09-2016 - FL)

Bruce Shade v. State of Florida

After he was convicted of burglary of a dwelling and theft, Bruce Shade took an appeal. While the appeal was pending, he moved to correct a sentencing error, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). He argued that a remand is required for the trial court to strike a special condition of probation which was included in the order of probation although not orally pronounced. <... More...   $0 (03-04-2016 - FL)

Kevin Osorio v. State of Florida*

First, Osorio claims that the trial court erred by ruling that testimony regarding conversations between Osorio and the State’s confidential informant, and among detectives and the informant, was inadmissible hearsay evidence. He argues that because the informant acted as an agent of the State, the informant’s statements were admissible as statements of a party-opponent under section 90.803(18)(d... More...   $0 (03-04-2016 - FL)

Rodney L. Ragin v. State of Florida

Ragin was arrested and proceeded to trial on charges of possession of cannabis with intent to sell, possession of cocaine, and possession of MDMA.1

1 “MDMA” is the shortened name for methylenedioxymethamphetamine, also associated with the name “ecstasy.” Eliakim v. State, 884 So. 2d 57, 58 (Fla. 4th DCA 2004).

2

At trial, the State presented evidence that two of... More...
   $0 (02-28-2016 - FL)

Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam... More...
   $0 (02-25-2016 - FL)

R.J. Reynolds Tobacco Company v. Phil J. Marotta

In this Engle progeny case,1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff”), arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding... More...   $0 (02-24-2016 - FL)

Ana Maria Cardona v. State of Florida

Cardona was originally tried in 1992, found guilty of aggravated child abuse
and first-degree murder, and sentenced to death. Cardona v. State, 641 So. 2d 361,
363 (Fla. 1994). This Court affirmed her convictions and death sentence in 1994.
However, in 2002, through a subsequent postconviction appeal, this
Court reversed the convictions and sentences because the State commit... More...
   $0 (02-19-2016 - FL)

Pablo Ibar v. State of Florida

The facts of this case are set forth in Ibar’s direct appeal of his first-degree
murder convictions and sentences of death:
On August 25, 1994, Pablo Ibar and Seth Penalver were charged with three counts of first-degree murder, one count of burglary, one count of robbery, and one count of attempted robbery. Penalver and Ibar were initially tried together. The first jury trial ended wi... More...
   $0 (02-05-2016 - FL)

Andrew Richard Allred v. State of Florida

Allred was indicted on October 23, 2007, on the following charges alleged to have occurred on September 24, 2007: (1) firstdegree premeditated murder of Michael Ruschak by shooting with a firearm; (2) first-degree premeditated murder of Tiffany Barwick by shooting with a firearm; (3) armed burglary of a dwelling while inflicting great bodily harm or death; (4) aggravated battery with a firearm (v... More...   $0 (01-16-2016 - FL)

Debra Ann TURNER, James Creighton and Lynn Creighton v. PCR, INC.

We have for review a decision ruling on the following question certified to be of great public importance:

IS AN EXPERT'S AFFIDAVIT, EXPRESSING THE OPINION THAT AN EMPLOYER EXHIBITED A DELIBERATE INTENT TO INJURE OR ENGAGED IN CONDUCT SUBSTANTIALLY CERTAIN TO RESULT IN INJURY OR DEATH TO AN EMPLOYEE, SUFFICIENT TO CONSTITUTE A FACTUAL DISPUTE, THUS PRECLUDING SUMMARY JUDGMENT ON T... More...
   $0 (03-02-2000 - FL)

Haygood v. State Of Florida

Jeremy Haygood was tried in September 2009 on the charge of second-degree murder for the November 2008 death of his girlfriend, Jeanine Tuckey, in Pinellas County, Florida. The State presented evidence that Haygood became angry with Tuckey and, at various times during the argument, head-butted her, kicked her legs out from under her, choked her, and elbowed her in the chest. When Tuckey became un... More...   $0 (01-02-2016 - FL)

United States of America v. Baker

The government accused fifteen defendants of drug trafficking offenses in a seventeen-count indictment: Kenneth Williams, Efrain Casado, Leonard Brown, Lenard Brown, Susan Hall Gibson, Bernard Shaw, Marvin Baker, Malcolm Shaw, Ronald Raye, Wayne Baptiste, Michael Harper, Arthur Pless, Ben Johnson, Jonathon Hawthorne, and Charton Darces.1 Three defendants, Bernard Shaw, Ronald Raye, and Charlton Da... More...   $0 (01-02-2016 - FL)

USA v. Alan Robert Johnson

Defendant-Appellants Alan Robert Johnson and Jennifer A. Sparks’s day did
not start well for them. They left their cell phone at a Walmart store. But this
wasn’t just any cell phone; Johnson and Sparks’s phone stored hundreds of images
and videos of child pornography that they had made using Sparks’s friend’s four
year-old child—and Johnson was already a registered sex offende... More...
   $0 (12-26-2015 - FL)

USA v. Edgar Alexander Pirela Pirela

On February 18, 2014, a federal grand jury in the Southern District of Florida indicted Pirela Pirela for violating 18 U.S.C. § 1546(a), specifically alleging that, on February 7, 2014, Pirela Pirela “did knowingly possess, use, and
attempt to use a document prescribed by statute and regulation for entry into the United States, that is, a United States visa, which the defendant knew was procu... More...
   $0 (12-25-2015 - FL)

United States of America v. Irma Davidian, Gladys Roman, George Lopez, Maria Sanchez

Miami, FL Four Defendants Sentenced to Prison for Paying and Accepting Bribes and Gratuities

Four defendants have been sentenced to prison terms, by U.S. District Judge Daniel T.K. Hurley in West Palm Beach, for paying and accepting bribes and gratuities.

Irma Davidian, 52, of Boca Raton, was sentenced to 10 years in prison, to be followed by three years of supervised release an... More...
   $0 (12-17-2015 - FL)

Oscar Ray Bolin, Jr. v. State of Florida

Oscar Ray Bolin, Jr., is scheduled for execution on January 7, 2016, for the first degree murder of Teri Lynn Matthews. Matthews’ body was discovered on December 5, 1986, near the side of a road in rural Pasco County. Bolin v. State,
Her murder was unsolved until July 1990. Bolin was eventually implicated and convicted and sentenced to death for
Matthews’ murder in 1992, but that conv... More...
   $0 (12-19-2015 - FL)

Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc.

Lucious Boyd was convicted for the first-degree murder, armed kidnapping, and sexual battery of Dawnia Dacosta and sentenced to the penalties of death, life imprisonment, and fifteen years’ imprisonment, respectively. Boyd v. State, 910
So. 2d 167, 176-77 (Fla. 2005). . Trial and Direct Appeal Proceedings On direct appeal, we set forth the relevant factual and procedural background as follo... More...
   $0 (12-19-2015 - FL)

 
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