The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...    $0 (09-12-2018 - FL)

Alvin Arteaga appeals from a final order denying his motion and amended motion for postconviction relief. Some of the claims in these motions were denied after an evidentiary hearing, while others were denied summarily. We affirm the denial of all
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but one claim without comment. We reverse the summary denial of a single claim for ineffective assistance of counsel based on trial cou... More...    $0 (05-14-2018 - FL)

Jacksonville, FL - Florida Man Sentenced to 60 Years in Prison for Using an Infant and a Toddler to Produce Child Pornography

A Middleburg, Florida man who used an infant and a toddler to produce child pornography was sentenced to 60 years in federal prison yesterday, to be followed by a lifetime of supervised release.

Acting Assistant Attorney General John P. Cronan of the Justi... More...    $0 (03-02-2018 - fl)

This Individuals with Disabilities Education Act (“IDEA”) case comes before this Court after a twelve-year battle by two sets of parents on behalf of their children to receive the specific therapy they believed their children deserved. Beginning in 2005, Appellant L.M.P., a mother of triplets acting individually and on her children’s behalf, sought the aid of the courts to force Appellee School Bo... More...    $0 (01-21-2018 - FL)

This case presents two issues for our review. First, we are asked to determine whether evidence of acts committed by appellant shortly after the charged crime is considered inextricably intertwined with the offense so as to be admissible at trial. Second, we must decide whether the trial court properly applied a sentencing multiplier based on facts not submitted to the jury. As to the first iss... More...    $0 (01-10-2018 - FL)

Mr. Williams had been watching his girlfriend's thirteen-month-old son,
E.M., for most of the day on May 18, 2011. Early on May 19, E.M. died. He sustained
multiple blunt trauma injuries to his head and lacerations to his liver and spleen. E.M.
also had multiple bruises and contusions all over his body. Mr. Williams told detectives
that E.M.'s injuries were accidental. He ... More...    $0 (11-12-2017 - FL)

This case presents a novel issue under Miranda v. Arizona, 384 U.S. 436 (1966).

A common factual issue in Miranda cases is whether a suspect is in custody when police interrogation begins. If a suspect is in custody, the police “are required to advise the suspect of his or her Miranda rights” before commencing interrogation. Caldwell v. State, 41 So. 3d 188, 197 (Fla. 2010). It is w... More...    $0 (04-14-2017 - FL)

Quentin Truehill, who was twenty-two years old at the time, was charged
with the kidnapping and murder of Vincent Binder, who was twenty-nine years
old. Truehill’s crime spree began on the evening of March 30, 2010, at the
Avoyelles Parish Sheriff’s Office in Mansura, Louisiana, when Truehill and two
other cellmates, Kentrell F. Johnson1 and Peter Hughes,2 held the holding-cel... More...    $0 (02-24-2017 - FL)

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)

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)

The State filed a three-count information charging Reed with 1) attempted
second-degree murder of Dwight Lamar Murphy; 2) attempted second-degree
murder of Stephanie L. Jackson (“Jackson”); and 3) burglary of an occupied
dwelling accompanied by an assault or battery. Following trial, the jury found
Reed guilty of the lesser-included offense of aggravated battery as to Count 1 a... More...    $0 (01-21-2017 - FL)

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)

While Defendant was on probation, her probation officer filed an Affidavit of Violation, alleging that she violated her probation by: 1) failing to successfully remain in drug/alcohol treatment until the provider determines that treatment is no longer necessary; 2) changing her residence without procuring the consent of the probation officer; and 3) 2 failing to live and remain at liberty with... More...    $0 (11-07-2016 - FL)

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)

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc oral a... More...    $0 (11-28-2015 - FL)

This is the second appeal to come before us involving a sentence imposed on
Jesus Rosales-Bruno because of his conviction for illegally reentering the United
States in violation of 8 U.S.C. § 1326. In the first appeal we vacated his original
sentence after concluding the district court had erred in finding that his prior
Florida conviction for false imprisonment qualified as a “... More...    $0 (06-19-2015 - FL)

Lamar Brooks appeals an order of the circuit court that denied his initial motion to vacate his convictions of first-degree murder and sentences of death filed pursuant to Florida Rule of Criminal Procedure 3.851. He also petitions this Court
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for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As explained below, we affirm the postconviction co... More...    $0 (05-13-2015 - FL)

Jacksonville, FL – United States District Judge Timothy J. Corrigan sentenced Christopher Richard Cloonan (45, Jacksonville) to life in federal prison for using a minor child to produce images depicting child pornography. The Court also ordered Cloonan to serve a life term of supervised release and to forfeit his electronic media. Cloonan is a registered child sex offender, having been previou... More...    $0 (02-27-2015 - FL)

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

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d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...    $0 (04-11-2014 - FL)

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

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d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...    $0 (04-11-2014 - fl)

This case is unusual, in part, because of the incentives established under the Florida Birth-Related Neurological Injury Compensation Association (“NICAâ€�) statute, sections 766.301-316, Florida Statutes, which sets forth an administrative process for infants who sustain severe birth-related neurological injuries to establish their eligibility for NICA plan benefits. Emma Johnston suffered perm... More...    $0 (05-17-2013 - FL)

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid... More...    $100000 (05-16-2013 - FL)

Previously we remanded this matter to the trial court with instructions to provide more specific grounds for granting a new trial as to the element of damages in a medical malpractice case involving the possible failure to diagnose a brain-stem tumor in an infant. Ramos v. Coombs, 54 So. 3d 1038 (Fla. 4th DCA 2011). The trial court has since issued a lengthy new trial order, the parties have provi... More...    $0 (05-09-2012 - FL)

Allison Anderson and Timothy Anderson seek review by certiorari of the circuit court's nonfinal order denying their motion to lift the abatement of their civil action against Helen Ellis Memorial Hospital Foundation, Inc. (the Hospital), pending a determination of the available benefits under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).1 Because the circuit court's o... More...    $0 (08-19-2011 - FL)

We are presented with two issues that are the subject of this appeal and cross-appeal: whether the trial court correctly denied a directed verdict for Claire’s on the Locastros’ negligence claim and whether the trial court correctly entered summary judgment for Claire’s on its claim of contractual indemnity. We affirm the trial court’s denial of Claire’s motion for a directed verdict on ... More...    $0 (05-11-2011 - FL)

Orlando Regional Healthcare System, Inc. ("Orlando Regional"), seeks certiorari review of an order denying its motion for summary judgment. Because the trial court denied a claim for statutory immunity from suit under Florida's Birth-Related Neurological Injury Compensation Act ("NICA"),1 certiorari jurisdiction is appropriate. See Pediatrix Med. Grp. of Fla., Inc. v. Falconer, 31 So. 3d 310 (Fla.... More...    $0 (02-04-2011 - FL)

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C... More...    $0 (08-21-2009 - FL)

Christopher and Georgina Brady sued SCI Funeral Services of Florida Inc. d/b/a Eastern Gate Memorial Gardens for burying their 4-day-old baby in an unlawfully shallow grave in 2000. The Bradys claimed that SCI negligently failed to property bury their son after Georgina Brady saw the child's casket sticking out of the ground when she went to the cemetery to tend of the child's grave. Florida... More...    $140000 (11-18-2005 - FL)

In July of 1994, Stella Gugelmin gave birth to twin sons – Bernardo and Giuliano. Unfortunately, there were complications during the birth of the second child, Giuliano, and he sustained brain or spinal cord injuries due to oxygen deprivation. It was eventually determined that Giuliano had sustained a birth-related neurological injury, as defined by section 766.302(2), Florida Statutes.... More...    $0 (07-13-2004 - FL)

two of these aspects of the Final Order, we reverse and remand for proceedings consistent with this opinion. We find no abuse of di... More...    $0 (05-05-2004 - FL)

In these two consolidated appeals, Appellant appeals from final orders denying her motion to intervene in a dependency action involving her twin grandchildren and her subsequent petition for adoption of those children, without addressing the adoption petition on the merits. We reverse the final order dismissing the petition for adoption, and remand for an evidentiary hearing. In light of thi... More...    $0 (09-19-2003 - FL)

Andras Pota, as personal representative for the estate of his infant son Barnabas Pota, appeals a non-final order granting Kenneth Holtz, M.D.'s motion to dismiss for lack of personal jurisdiction. We reverse because we conclude that Dr. Holtz was personally served with process in Miami-Dade County when the suit papers were delivered to his attorney on board a vessel docked at the Port of ... More...    $0 (08-20-2003 - FL)