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Florida Due Process Law

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 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)


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 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)


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 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)


We previously summarized the evidence presented at Suggs’s trial as
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.
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)


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
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.
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
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)

Phillip Landers v. State Farm Florida Insurance Company

In this appeal, we consider whether, when an insurance contract provides for an appraisal process, an insured must wait until that process is completed before filing a civil remedy notice pursuant to section 624.155, Florida Statutes (2008). Because we find no such limitation in the statute or relevant case law, we reverse.
In 2009, Phillip Landers’s home sustained a loss from suspected ... More...
   $0 (08-17-2017 - fl)

R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. v. Linda Purdo Enochs

In this Engle1 progeny case, R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. (“Defendants”) appeal the final judgment entered in favor of Linda Purdo Enochs as Representative of the estate of her deceased husband, Thomas Purdo (“Plaintiff”). Defendants argue that the trial court erred by: (1) failing to engage in the requisite genuineness analysis in granting Plaintiff’s peremptory chall... More...   $0 (08-17-2017 - FL)

Vivian De Los Milagros Castellat v. Gisela Lissette Pereira

Mimai-Dade County Courthouse - Miami, Florida

This case involves an area of law – regarding how advances in reproductive
technology impact the definition of the modern family – which is struggling to
catch up with and reflect the rapid changes taking place in society. In this case, a
same-sex couple arranged to have a child together. When the couple separated, the
birth mother blocked all contact between the child and the form... More...
   $0 (08-16-2017 - FL)

United States of America v. Joe Lee McQuay, Ivan Jermaine Wims, Jordan Christopher Wims, Albert Devon Kitchen, Ticco Earl Wright and Danielle Nicole Duncan

Gainesville, FL - Six People Sentenced in Heroin Trafficking Conspiracy

The last of six defendants was sentenced the week of August 3, 2017 for conspiring to distribute heroin and other drug-related charges.

The defendants are:

Joe Lee McQuay, 39, Ocala, 240 months in prison (180 months for the heroin conspiracy to be served consecutively to a 60-month sentence for ... More...
   $0 (08-03-2017 - FL)

United States of America v. Elder Nehemias Lopez Hernandez, et al.

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

The United States prosecuted these four defendants—Lopez Hernandez, Hernandez Almaraz, Aguilar Lopez, and Savala Cisneros—under the Maritime Drug Law Enforcement Act (MDLEA), which criminalizes an individual’s possessing with intent to distribute a controlled substance “[w]hile on board a covered vessel,” which includes “a vessel subject to the jurisdiction of the United States,” which in turn inc... More...   $0 (07-28-2017 - FL)

Anthony Rodriguez v. City of Doral and Juan Carlos Bermudez

“A wise man once said a true history of the world is a history of great
conversations in elegant rooms.”1 Whether or not that may be accurate, a true
history of the United States would be incomplete without a history of great
political conversations, wherever they might have occurred. And great political
conversations could not exist in the absence of the First Amendment. So the Fi... More...
   $0 (07-19-2017 - FL)




Peterson was convicted of first-degree murder and evidence tampering, and
was sentenced to death for the first-degree murder of his 64-year-old stepfather,
Roy Andrews, after Peterson’s jury recommended death by a vote of seven to five.
Peterson, 94 So. 3d at 519, 523. The facts of Peterson’s crime are set forth in this
Court’s opinion affirming his conviction and sentences o... More...
   $0 (07-07-2017 - FL)


Early one morning, a convenience store was robbed. One man first cased the store to see who was present. After he left, two men, masked and armed, entered. Inside, the two masked men shot and killed two customers, shot at but missed two employees, and stole money from the register. When the two men returned to their vehicle, they drove away.

During law enforcement’s investigation o... More...
   $0 (07-06-2017 - FL)


This Petition for Writ of Prohibition is a sequel to a series of pleadings filed by Clifton Cornelius invoking his right to a speedy trial and seeking discharge from the criminal charges pending against him.1 Although Cornelius, like other criminal
1 A writ of prohibition is an appropriate remedy to address alleged speedy trial violations. See She... More...
   $0 (07-06-2017 - FL)

United States of America v. Sellari's Enterprises, Inc.

Federal Courthouse - Orlando, Florida

Orlando, FL - Justice Department Settles Immigration-Related Discrimination Claim against Florida Staffing Company

The Justice Department reached an agreement with Sellari’s Enterprises, Inc. (Sellari’s), a company that provides staffing services in Orlando, Florida. The agreement resolves the department’s investigation into whether Sellari’s violated the Immigration and Nationality Act (... More...
   $120000 (06-30-2017 - FL)


Attorney Mark Ciaravella, Florida Bar Number 46108, appeared before this court on Tuesday, May 23, 2017, to show cause why sanctions should not be imposed for his failure to comply with this court's orders. This was the second time this court issued an order to show cause directed to Attorney Ciaravella concerning the filing fee for this appeal. Attorney Ciaravella filed the notice of appeal in t... More...   $0 (06-19-2017 - FL)


Florida's Fourth District Court of Appeals

We grant the defendant-petitioner’s motion for clarification, withdraw this Court’s opinion issued May 10, 2017, and substitute this opinion.

The defendant petitions for a writ of habeas corpus. He is charged with numerous first degree felonies punishable by life. He argues that the first appearance judge erred in holding him without bond without determining whether the probable cause... More...
   $0 (06-19-2017 - FL)



In 2007, Braddy was convicted of first-degree murder, attempted first-degree
murder, two counts of kidnapping, burglary of a structure with an assault or battery
therein, child neglect causing great bodily harm, and attempted escape. Braddy v.
State, 111 So. 3d 810, 826 (Fla. 2012). On appeal, this Court set out the facts of
the crimes:
The evidence presented at Braddy’s... More...
   $0 (06-18-2017 - FL)



The facts of Bevel’s crimes were set forth in this Court’s opinion affirming
the convictions and sentences on direct appeal:
Thomas Bevel was charged with the February 2004 first-degree murders of Garrick Stringfield and his son Phillip Sims and attempted first-degree murder of Feletta Smith. The key events of February 28, 2004, which ended in two murders and one attempted murder, establ... More...
   $0 (06-18-2017 - FL)


Ulysses Taylor appeals the judgments and sentences imposed following a jury verdict finding him guilty of battery on a law enforcement officer and resisting officers with violence. Mr. Taylor asserts seven claims of error by the trial court. After review, we find no reversible error and affirm. We write to discuss the issues created by the State's request to amend the charging information after... More...   $0 (06-05-2017 - FL)


Sex Offender

Dowd first challenges the trial court's order denying his motion to suppress the post-Miranda1 statements he made to sheriff's detectives. Dowd argues the totality of the circumstances demonstrate the statements are the product of coercive police tactics designed to extract an involuntary confession. We disagree. When a defendant alleges his statement is the product of police coercion, courts m... More...   $0 (06-05-2017 - FL)

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