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Florida Due Process Law


After a lengthy evidentiary hearing, the postconviction court, in a detailed,
239-page order, concluded that the murder conviction and sentence of death should
be vacated and a new trial granted on multiple grounds. A key finding was that the
State not only failed to disclose the full extent of its plea deal with William Hearn,
the State’s only eyewitness to the murder, but al... More...
   $0 (10-21-2016 - FL)

Larry Darnell Perry v. State of Florida

In State v. Perry, the Fifth District Court of Appeal addressed two cases
involving defendants awaiting trial for charges of first-degree murder, in which the
State filed notices of intent to seek the death penalty prior to the United States
Supreme Court issuing its decision in Hurst v. Florida on January 12, 2016. Perry,

5. Th... More...
   $0 (10-17-2016 - FL)


The background and facts of this case were reiterated in our decision in
Hurst v. State in pertinent part as follows:
Hurst was convicted for the May 2, 1998, first-degree murder of Cynthia Harrison in a robbery at the Popeye’s restaurant where Hurst was employed in Escambia County, Florida. The victim, also an employee, had been bound and gagged and repeatedly cut and stabbed with a we... More...
   $0 (10-17-2016 - FL)


Frank Moore, Jr., appeals his judgment and sentences for possession of cocaine and possession of paraphernalia that were entered following his no contest plea in which he reserved the right to appeal the trial court's dispositive ruling denying his motion to suppress. Because the seizure of the contraband and related inculpatory
statements sought to be suppressed occurred during the unauthor... More...
   $0 (10-08-2016 - FL)


The issue presented for our review is whether the trial court conducted a sufficient inquiry in the motion to continue a sentencing hearing where the continuance was critical to appellant retaining counsel of his choice. We find that the trial court summarily denied the motion to continue, which resulted in the summary denial of appellant’s counsel of choice. The denial was made without sufficie... More...   $0 (10-07-2016 - FL)

Kathy Johnson v. Omega Insurance Company

Section 627.428, Florida Statutes, outlines the provision under which an
insured may recover attorney’s fees incurred as a result of recovering on a valid
claim for insurance benefits. See § 627.428, Fla. Stat. (2015). Today we address
the interpretation of section 627.428, and we begin with a review of the actual text
of the statute:
(1) Upon the rendition of a judgmen... More...
   $0 (10-07-2016 - FL)


Crane Co. and R.J. Reynolds Tobacco Co. appeal from an adverse jury verdict in favor of Richard DeLisle in which the jury found that both appellants’ products containing asbestos were substantial contributing causes to appellee DeLisle’s mesothelioma and awarded substantial damages. Crane primarily argues that the court erred in not excluding expert causation testimony, in denying its motion for ... More...   $0 (09-20-2016 - FL)

State of Florida v. Matthew Apperson

Sanford, FL - Jury Finds Defendant Guilty On Attempted Murder Charge

The State of Florida charged Matthew Apperson with attempted second dgree muder with a firearm, shooting into an occupied vehicle and aggravated assault with a firearm for shooting a gun in a 2015 road-rage incident involving George Zimmerson on Lake Mary Boulevard.

Apperson claimed self-defense.

Zimmer... More...
   $0 (09-17-2016 - FL)

United States of America v. Forest Hill Garden's East Condominium Association, Inc. and Forest Hill Cardens Property Owners' Association, Inc.

The simplest description of this case is that it involves a dispute between a bank, which foreclosed a first mortgage, and a condominium association. In fact, however, the plaintiff is the United States of America,1 suing on behalf of the Secretary of the Department of Housing and Urban Development ("HUD"), as the successor to two separate banks, each of which foreclosed a first mortgage, and - to... More...   $0 (01-03-2014 - FL)


The issue for our consideration in this case is whether the trial court correctly applied the law in denying appellant’s motion for downward departure. Because the trial court incorrectly applied the law as to two of the downward departure elements, and because the record does not establish that the trial court properly applied the law as to the third element, we reverse and remand for the trial ... More...   $0 (09-05-2016 - FL)


In this appeal, Martice Spears appeals his criminal convictions and sentences in two unrelated cases, CF13-3400 (possession of a firearm by a convicted felon) and CF14-0275 (grand theft). The trial court sentenced Spears to twelve years' imprisonment for possession of a firearm by a convicted felon in CF13-3400, to run consecutively with the already imposed five-year sentence in CF14-0275. We va... More...   $0 (08-29-2016 - FL)


Appellant, Donarius Johnson, appeals his conviction and twelve-year sentence for one count of possession of a firearm or ammunition by a convicted felon. On appeal, Appellant argues that the trial court erred by: (1) allowing the State to call the victim as a witness for the primary purpose of impeaching the witness; (2) admitting the victim’s written statement into evidence as a past recollectio... More...   $0 (08-28-2016 - FL)


Appellant’s sister was involved in a fight at a park involving two of the eventual victims in this case. Later that night, Appellant, her sister, and another accomplice attacked the four victims at the residence of several of the victims. The only non-victim/aggressor witness to this altercation was the juvenile son of one of the victims. Appellant was charged with five battery-related and prop... More...   $0 (08-28-2016 - FL)


We deny appellant’s motion for rehearing and certification, but grant his motion for written opinion. We affirm the denial of his post-conviction motion and address solely his Sixth Amendment claim.
Appellant was convicted of armed burglary of a structure with actual possession of a firearm, robbery with a firearm and aggravated battery with great bodily harm. The convictions followed a ... More...
   $0 (08-28-2016 - FL)

Scott Mansfield v. State of Florida

This case is before this Court on appeal from an order denying Scott
Mansfield’s 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. For the reasons below, we affirm.
Mansfield was convicted of the first-degree murder of Sara Robles ... More...
   $0 (08-28-2016 - FL)

Lawrence William Patterson v. State of Florida

Patterson’s jury convicted him of multiple crimes stemming from the alleged
arsons of his truck and residence. As the First District explained,
[t]he arsons for which Patterson was tried and convicted completely destroyed his house and truck (which was parked in the garage at the time). It was alleged that Patterson used the truck to start one of the two arson fires in the house. [Not... More...
   $0 (08-28-2016 - FL)

United States of America v. Juan Carlos Medina Cardenas

Miami, FL - Colombian Citizen Sentenced for his Participation in an International Money Laundering Conspiracy

A Colombian citizen was sentenced to 30 months in prison, to be followed by two years of supervised release for his participation in an international money laundering conspiracy.

Juan Carlos Medina Cardenas, 46, previously pled guilty to one count of conspiracy to commit ... More...
   $0 (08-19-2016 - FL)

United States of America v. Wenxia Man, aka Wency Man

Miami, FL - California Woman Sentenced to 50 Months in Prison for Conspiring to Illegally Export Fighter Jet Engines and Unmanned Aerial Vehicle to China

Wenxia Man, aka Wency Man, 45, of San Diego, was sentenced to 50 months in prison for conspiring to export and cause the export of fighter jet engines, an unmanned aerial vehicle – commonly known as a drone – and related technical data t... More...
   $0 (08-19-2016 - FL)

Maxime Cherilus v. State of Florida*

Believing he was facilitating a cocaine transaction for his friend’s
brother, who was actually a police informant, Appellant met with an undercover officer and exchanged a sample of cocaine for $50. During the meeting, Appellant and the undercover officer discussed a sale of five ounces of cocaine to take place the following day. They negotiated a price of $1,200 per ounce, referring to coc... More...
   $0 (08-22-2016 - FL)

Edward Lewis Gibson v. State of Florida*

Edward Lewis Gibson appeals his conviction and sentence for first degree murder with a firearm. He argues that the trial judge erred in depriving him of his constitutional right to testify and in overruling his hearsay objection to the admission of a text message sent from his cell phone. We find no error in admission of the text message, but we reverse and remand for a new trial because the tri... More...   $0 (08-22-2016 - FL)

Quentin Pierce v. State of Florida*

Appellant appeals his convictions of second-degree murder with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm. Appellant claims several errors, including the denial of his motion to sever, fundamental error in jury instructions, and error in the denial of his motion for judgment of acquittal. We find that none of these constitute error and, as such, we ... More...   $0 (08-22-2016 - FL)

Barrington Deferrell v. State of Florida*

In 2011, Deferrell was placed on probation for four years for attempted burglary of a dwelling and preventing or obstructing the extinguishment of a fire charges. In May 2012, Deferrell was arrested and formally charged with three crimes. The new law charges also served as the basis for a violation of probation (“VOP”) proceeding.
1 Faretta v. California, 422 U.S. 806 (1975).
2 More...
   $0 (08-22-2016 - FL)

United States of America v. Erica Antoinette Hollingsworth

Miami, FL - Tax Return Preparer Sentenced for Filing False Tax Returns with the IRS

A tax return preparer was sentenced to 30 months in prison, to be followed by one year of supervised release, and was ordered to pay restitution in the amount of $163,865 for filing false tax returns with the Internal Revenue Service (IRS).

Wifredo A. Ferrer, United States Attorney for the Souther... More...
   $0 (08-10-2016 - FL)

United States of America v. Slobo Maric

Jacksonville, FL - Former Bosnian Army Prison Guard Pleads Guilty to Fraudulently Procuring U.S. Citizenship

A Jacksonville, Florida, man pleaded guilty today for unlawfully procuring U.S. citizenship by failing to disclose during his naturalization process his membership in the Bosnian Army and crimes that he committed in Bosnia and Herzegovina during the Bosnian Conflict in the 1990s, a... More...
   $0 (07-18-2016 - FL)

Guy B. Bailey, Jr. vs. The State of Florida

The only point of error raised by Bailey on his appeal from the conviction in
this case is prosecutorial misconduct during rebuttal closing argument to jury.
During her rebuttal closing argument, the prosecutor argued as follows:
So where is the misunderstanding?
It’s simply an attempt, ladies and gentlemen, it’s an attempt by the Defense to use the word, misunderstanding.
... More...
   $0 (07-14-2016 - FL)


Kevin Malone was arrested for driving while under the influence (DUI) based on a police officer's assessment of his level of intoxication during a traffic stop. After he was charged with the misdemeanor offense, Malone filed a motion to suppress in which he argued that his behavior during the traffic stop did not provide probable cause that he had been driving while impaired. The county court gr... More...   $0 (07-09-2016 - FL)

Moses McCray v. State of Florida*

The defendant appeals from his convictions on one count of aggravated assault with a firearm on a law enforcement officer, three counts of aggravated assault with a deadly weapon on a law enforcement officer, and one count of possession of a firearm by a convicted felon. The defendant primarily argues that, after he exhausted his peremptory strikes, the trial court erred in denying his motion to ... More...   $0 (07-05-2016 - FL)

Moses McCray v. State of Florida*

The defendant appeals from his convictions on one count of aggravated assault with a firearm on a law enforcement officer, three counts of aggravated assault with a deadly weapon on a law enforcement officer, and one count of possession of a firearm by a convicted felon. The defendant primarily argues that, after he exhausted his peremptory strikes, the trial court erred in denying his motion to ... More...   $0 (06-29-2016 - FL)

State of Florida v. Raymond Bright

A jury convicted Bright for the first-degree murders of Derrick King and
Randall Brown. Bright v. State, 90 So. 3d 249, 254 (Fla. 2012). The jury
recommended death by a vote of eight to four for the murders of both victims, and
the trial court sentenced Bright to death for both murders. Id. at 256.
On direct appeal, we previously detailed the facts leading to Bright’s death ... More...
   $0 (06-21-2016 - FL)

United States of America v. Guillermo A. Sanchez-Badia

Miami, FL - Miami Man Sentenced to 144 Months in Prison for Role in Multimillion-Dollar Scheme to Defraud Commercial Lenders and U.S. Export-Import Bank

A Miami man was sentenced to 12 years in prison for his role in a scheme to defraud two commercial lenders and the Export-Import Bank of the United States (EXIM Bank) out of more than $11 million.

Guillermo A. Sanchez-Badia, 61, ... More...
   $0 (06-13-2016 - FL)

Marc Chantele Williams vs State of Florida

Appellant seeks review of his conviction and sentence for possession of
cocaine with the intent to sell. We affirm Appellant’s conviction without further
comment, but because we agree with Appellant that the trial court fundamentally
erred when it based his sentence on unsubstantiated allegations of misconduct, we
reverse Appellant’s sentence and remand for resentencing before... More...
   $0 (06-10-2016 - FL)


The State challenges the trial court's order dismissing the information charging Michelle Lambo with leaving the scene of a crash with injury. The trial court determined that Lambo's due process rights were violated by law enforcement's failure to preserve evidence. We reverse and remand. Lambo filed a motion to dismiss, or in the alternative a motion in limine, alleging that law enforcement... More...   $0 (06-01-2016 - FL)

Miguel Angel Alfonso-Roche v. State of Florida*

The defendant appeals his conviction and sentence for grand theft of a motor vehicle and first degree grand theft. He makes three arguments. First, he argues the prosecutor committed fundamental error by denigrating him during closing argument for asserting his right to a jury trial. Second, he argues the evidence was insufficient to support the charge of grand theft of a motor vehicle and his ... More...   $0 (06-01-2016 - FL)

Angelo Atwell v. State of Florida

Angelo Atwell was sixteen years old when, in August 1990, he committed
armed robbery and first-degree murder. Under the statute then in effect, Atwell
was sentenced for the first-degree murder to a mandatory term of life
imprisonment, with the possibility of parole after twenty-five years, and was
sentenced to life imprisonment without the possibility of parole for the armed <... More...
   $0 (06-01-2016 - FL)

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 (“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
after ordering psychological evaluations and schedulin... More...
   $0 (05-14-2016 - FL)


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)

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