Florida Supreme Court Decisions 2012
Date: December 20, 2012
Docket Numbers: SC09-1089, SC09-2289
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder, one count of burglary with assault or battery while armed, and one count of criminal mischief. The trial court imposed death sentences…
Date: December 20, 2012
Docket Number: SC10-1335
Justia Opinion Summary: Defendant was originally convicted in 1981 for murder and sentenced to death. After a series of appeals and postconviction motions, Defendant filed a successive motion to vacate his sentence. Specifically, Defendant…
Date: December 20, 2012
Docket Number: SC10-1361
Justia Opinion Summary: Plaintiff filed a medical malpractice action against a dentist (Dentist) and his dental practice, alleging that Dentist's failure to diagnose and treat his dental conditions resulted in a bone infection and a worsening…
Date: December 20, 2012
Docket Number: SC11-1374
Date: December 20, 2012
Docket Number: SC12-2235
Date: December 20, 2012
Docket Number: SC12-38
Date: December 20, 2012
Docket Number: SC12-38
Date: December 13, 2012
Docket Number: SC11-1166
Justia Opinion Summary: Defendants pled nolo contendere to charges of violating the sound standards of Fla. Stat. 316.3045(1)(a), reserving the right to appeal the constitutionality of the statute. Defendants subsequently appealed, arguing that…
Date: December 6, 2012
Docket Number: SC09-2016
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, kidnapping, and robbery. The trial court sentenced Defendant to death for the first-degree murder. The Supreme Court affirmed the convictions and…
Date: December 6, 2012
Docket Number: SC11-1454
Date: December 4, 2012
Docket Number: SC12-2350
Justia Opinion Summary: A jury found Defendant guilty of nine counts of first-degree murder. The trial court imposed a death sentence for each of the first-degree murder counts. The convictions and death sentences were affirmed on appeal, and…
Date: November 29, 2012
Docket Numbers: SC09-1010, SC08-1406
Justia Opinion Summary: Defendant pled guilty to twelve criminal counts related to the attempted kidnapping and shooting of two women who were sitting in a car. One of the women died as a result of the injuries she sustained when Defendant…
Date: November 21, 2012
Docket Number: SC09-2238
Justia Opinion Summary: The trial court entered a directed verdict against Plaintiff on her rear-end collision case against Defendant on the basis that she could not overcome the presumption of negligence that attached to her as the rear driver…
Date: November 21, 2012
Docket Number: SC10-1755
Justia Opinion Summary: Plaintiff was a passenger on a motorcycle that flipped over when the driver of the motorcycle collided with the rear of an automobile driven by Defendant. The trial court granted summary judgment in favor of Defendant on…
Date: November 21, 2012
Docket Number: SC11-2517
Date: November 21, 2012
Docket Numbers: SC11-941, SC11-1357
Justia Opinion Summary: Petitioner, who was born in Nicaragua and entered the United States as a child, pleaded guilty to sale of a controlled substance, a second degree felony, in 2001. Following the U.S. Supreme Court's decision in Padilla v.…
Date: November 15, 2012
Docket Number: SC07-2174
Justia Opinion Summary: Appellant appealed his first-degree murder conviction and sentence of death for the killing of Quatisha Maycock, as well as his convictions and sentences for related offenses. The Supreme Court affirmed Appellant's…
Date: November 15, 2012
Docket Number: SC10-1646
Justia Opinion Summary: Appellant appealed from a judgment of conviction of first-degree murder and a sentence of death for the killing of Andrea Boyer, as well as a conviction for sexual battery by use of actual physical force likely to cause…
Date: November 15, 2012
Docket Number: SC10-2306
Justia Opinion Summary: In this negligence action, the Supreme Court considered whether an employee who claims the benefit of sovereign immunity pursuant to Fla. Stat. 768.28(9), which entitles that employee not to be held personally liable in…
Date: November 15, 2012
Docket Number: SC10-2433
Justia Opinion Summary: The issue in this case was whether an appellate court should review a non-final order denying a claim of sovereign immunity by Citizens Property Insurance Corporation (Citizens), a state-created entity that provides…
Date: November 15, 2012
Docket Number: SC12-1930
Date: November 8, 2012
Docket Number: SC10-2008
Justia Opinion Summary: Defendant was tried, convicted, and sentenced for several crimes against four separate victims. Two of the victims - Iris White and Jackie McCahon - were murdered, while two were not. This appeal stemmed from Defendant's…
Date: November 8, 2012
Docket Number: SC10-2219
Justia Opinion Summary: Defendant was tried, convicted, and sentenced for several crimes against four separate victims. Two of the victims - Iris White and Jackie McCahon - were murdered, while two were not. This appeal stemmed from Defendant's…
Date: November 8, 2012
Docket Number: SC12-187
Date: November 8, 2012
Docket Number: SC12-628
Justia Opinion Summary: Defendant was tried and convicted for the murder of a five-month-old. Defendant was sentenced to death. The Supreme Court affirmed his convictions and sentence of death but remanded for resentencing on the aggravated…
Date: October 25, 2012
Docket Number: SC09-536
Date: October 25, 2012
Docket Number: SC09-536
Date: October 25, 2012
Docket Number: SC09-536
Justia Opinion Summary: Petitioner was convicted by a jury of two counts of lewd and lascivious acts on a minor. The court of appeal reversed and remanded for a new trial. At Petitioner's second trial, the trial court partially closed the…
Date: October 18, 2012
Docket Numbers: SC10-2035, SC11-1353
Justia Opinion Summary: Defendant appealed an order of the circuit court denying his initial postconviction motion filed under Fla. R. Crim. P. 3.851 to vacate his conviction of first-degree murder and sentence of death. Defendant also…
Date: October 18, 2012
Docket Number: SC10-2101
Date: October 18, 2012
Docket Number: SC11-399
Date: October 18, 2012
Docket Number: SC12-187
Date: October 18, 2012
Docket Number: SC12-187
Date: October 17, 2012
Docket Number: SC12-2115
Justia Opinion Summary: Defendant appealed an order entered by the circuit court finding him competent to be executed. Defendant's primary argument on appeal was that the circuit court improperly found him sane to be executed based on its…
Date: October 11, 2012
Docket Number: SC12-1605
Date: October 11, 2012
Docket Number: SC12-2005
Date: October 8, 2012
Docket Number: SC12-1987
Date: October 8, 2012
Docket Number: SC12-1987
Date: October 8, 2012
Docket Number: SC12-1987
Justia Opinion Summary: Appellant, a prisoner under sentence of death, appealed the circuit court's order denying his second successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851 and the order denying his motion…
Date: October 4, 2012
Docket Number: SC10-2269
Justia Opinion Summary: This case was before the Supreme Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. The Supreme Court affirmed Appellant's conviction but remanded for a new penalty phase,…
Date: October 4, 2012
Docket Number: SC11-2164
Date: October 4, 2012
Docket Number: SC11-554
Justia Opinion Summary: This case was before the Supreme Court on a property appraiser's appeal of the court of appeal's decision affirming a circuit court's grant of an ad valorem homestead tax exemption to David and Ana Andonie (the…
Date: October 4, 2012
Docket Number: SC11-611
Justia Opinion Summary: Petitioner, a juvenile placed on juvenile probation, pleaded guilty to failing to follow an order of probation by violating curfew and failing to obey household rules. The circuit court then placed Petitioner in secure…
Date: October 4, 2012
Docket Number: SC12-85
Justia Opinion Summary: In 2005, Petitioner was convicted and sentenced for committing two sex offenses. Since 2009, Petitioner, an inmate in state custody, had filed six previous extraordinary writ petitions with the Supreme Court seeking…
Date: September 27, 2012
Docket Number: SC10-2251
Justia Opinion Summary: In this contract dispute, Respondent filed an action against Petitioner, claiming negligent misrepresentation, fraud in the inducement, unjust enrichment, and reformation of the contract. During discovery, Petitioner…
Date: September 27, 2012
Docket Number: SC11-1553
Justia Opinion Summary: Appellant was a prisoner under sentence of death. After the Supreme Court affirmed Appellant's death sentence on direct appeal. D. Todd Doss was appointed as counsel for Appellant for Appellant's postconviction…
Date: September 27, 2012
Docket Numbers: SC10-1602, SC11-693
Justia Opinion Summary: After a jury trial, Petitioner was convicted of first-degree murder, second-degree murder, and burglary of a dwelling during which a battery upon the victims was committed while Petitioner was armed with a weapon. The…
Date: September 20, 2012
Docket Number: SC10-2285
Justia Opinion Summary: Appellant was convicted of first-degree murder, false imprisonment as a lesser included offense of kidnapping, armed robbery with a deadly weapon, and grand theft of a motor vehicle. A jury recommended a sentence of…
Date: September 20, 2012
Docket Number: SC10-539
Date: September 20, 2012
Docket Number: SC10-539
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and armed robbery and sentenced to death. The Supreme Court affirmed Appellant's convictions and sentence, holding (1) Appellant's statement to police…
Date: September 13, 2012
Docket Numbers: SC10-1725, SC10-318
Justia Opinion Summary: Petitioner was convicted of the 1999 sexual battery and first-degree murder of an eighteen-year-old and sentenced to death. The Supreme Court affirmed his convictions and sentences. Petitioner subsequently appealed the…
Date: September 13, 2012
Docket Number: SC10-2483
Justia Opinion Summary: The State charged Defendant, who at the time was detained at a juvenile detention center, with one count of battery by detainee in violation of Fla. Stat. 784.03 and 784.082. Defendant moved to dismiss the charge,…
Date: September 13, 2012
Docket Number: SC10-318
Date: September 13, 2012
Docket Number: SC10-318
Date: September 6, 2012
Docket Number: SC09-1426
Justia Opinion Summary: Defendant Joshua Lee Altersberger pled guilty to the first-degree murder of Florida Highway Patrol Sergeant Nick Sottile. The jury found two aggravating circumstances beyond a reasonable doubt: the murder was committed…
Date: September 6, 2012
Docket Number: SC10-556
Justia Opinion Summary: Defendant was charged with second-degree murder and was convicted as charged. The court of appeal affirmed. Defendant subsequently petitioned for writ of habeas corpus, arguing that his appellate counsel was ineffective…
Date: August 30, 2012
Docket Number: SC10-182
Justia Opinion Summary: Defendant was convicted of the first-degree murder of Officer Donna Fitzgerald. Fitzgerald's body was found in the paint room at Tomoka Correctional Institute (TCI). After Defendant, an inmate at TCI, was apprehended by…
Date: August 30, 2012
Docket Number: SC11-22
Justia Opinion Summary: The State filed a petition for delinquency against Minor, alleging that Minor had violated Fla. Stat. Ann. 810.097(2) by trespassing on the grounds of a middle school after having been warned by the principal or…
Date: July 12, 2012
Docket Number: SC09-1860
Justia Opinion Summary: Defendant was sentenced to death for a drug-related 1988 murder. The Florida Supreme Court reversed the circuit court's denial of post-conviction relief based on a claim of ineffective assistance of counsel during the…
Date: July 12, 2012
Docket Number: SC09-87
Justia Opinion Summary: Delhall, was convicted of first-degree premeditated murder, unlawful use of a firearm, unlawful discharge of the firearm resulting in death or serious bodily harm, and possession of a firearm by a convicted felon. At the…
Date: July 12, 2012
Docket Number: SC10-1019
Justia Opinion Summary: The Florida Bar filed a complaint against Knowles, alleging misconduct relating to her representation of a client in immigration and civil matters. Specifically, the Bar cited Rules Regulating the Florida Bar 4-1.3…
Date: July 12, 2012
Docket Number: SC10-1133
Justia Opinion Summary: Butler was convicted of first-degree murder and sentenced to death for the 1997 murder of his former girlfriend. The Florida Supreme Court affirmed the conviction and death sentence on direct appeal. Butler filed a…
Date: July 12, 2012
Docket Number: SC10-812
Justia Opinion Summary: Convicted of first-degree murder for causing the 2007 death of McKinness, Hampton was sentenced to death following the jury’s recommendation by a vote of nine to three. Hampton filed several motions seeking relief based…
Date: July 12, 2012
Docket Number: SC11-1313
Date: July 12, 2012
Docket Number: SC11-1313
Date: July 12, 2012
Docket Number: SC11-1403
Date: July 12, 2012
Docket Number: SC11-1878
Justia Opinion Summary: Section 893.13 of the Florida Comprehensive Drug Abuse Prevention and Control Act, provided that “it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver,…
Date: July 12, 2012
Docket Number: SC11-2142
Date: July 12, 2012
Docket Number: SC12-1205
Date: July 12, 2012
Docket Number: SC12-941
Justia Opinion Summary: Judge Nelson was observed driving a vehicle erratically, weaving between lanes, striking a guardrail several times, and ultimately crashing on a bridge. After initially identifying herself as a judge to the police…
Date: July 5, 2012
Docket Number: SC10-2316
Justia Opinion Summary: Hackley was convicted of burglary of a conveyance with a person assaulted, arising out of a 2006 incident in which Hackley assaulted two individuals, one of whom was inside a car. Because the offense occurred less than…
Date: July 5, 2012
Docket Number: SC11-133
Justia Opinion Summary: Based on unethical actions during the 2004-2005 hurricane season, the Legislature enacted Section 626.854(6), Florida Statutes: A public adjuster may not directly or indirectly through any other person or entity…
Date: July 5, 2012
Docket Number: SC11-1542
Date: June 28, 2012
Docket Number: SC09-2056
Justia Opinion Summary: Draughon was admitted to the Florida Bar in 1987. In 1993, he formed NLMC to purchase property for $315,000, and lease it to a client. The seller, Onusic, received a $7,500 down payment and accepted a promissory note…
Date: June 28, 2012
Docket Number: SC10-2101
Date: June 28, 2012
Docket Number: SC10-2101
Date: June 28, 2012
Docket Number: SC10-2168
Justia Opinion Summary: McMillian was sentenced to death for premeditated first degree murder of his girlfriend. He has given at least five different accounts of events relating to the murder; no two are wholly consistent with each other, and…
Date: June 28, 2012
Docket Number: SC12-618
Date: June 26, 2012
Docket Number: SC10-2101
Date: June 21, 2012
Docket Number: SC10-2101
Date: June 21, 2012
Docket Number: SC11-399
Date: June 14, 2012
Docket Number: SC12-620
Date: June 7, 2012
Docket Number: SC09-2069
Justia Opinion Summary: This case arose when Mercury, an insurer, offered a settlement proposal to the hospital and the hospital refused the settlement offer. At issue was the constitutionality of the Alachua County Lien Law, chapter 88-539,…
Date: June 7, 2012
Docket Number: SC09-441
Justia Opinion Summary: This action arose from an appeal to the Eleventh Circuit wherein plaintiff appealed the dismissal of insurance coverage claims under section 627.701(4)(a), Florida Statutes, and the denial of a motion to enforce…
Date: June 7, 2012
Docket Number: SC09-441
Date: June 7, 2012
Docket Number: SC10-2366
Justia Opinion Summary: Petitioner sought review of the Third District's summary dismissals of his unfair labor practice (ULP) claim. The court concluded that because it found that the actions alleged in petitioner's claim were sufficient to…
Date: June 7, 2012
Docket Number: SC11-2136
Justia Opinion Summary: Petitioner, an inmate in state custody, filed a pro se petition for writ of habeas corpus challenging his conviction and sentence. The court dismissed the petition in this case by way of an unpublished order, determining…
Date: June 7, 2012
Docket Number: SC11-23
Justia Opinion Summary: Petitioner was found guilty of armed robbery of a convenience store when he was 19-years-old and was sentenced to life in prison as a habitually violent offender. At issue was the summary denial of an evidentiary hearing…
Date: June 7, 2012
Docket Number: SC11-905
Justia Opinion Summary: This action arose when the Judicial Qualifications Commission (JQC) served a Notice of Formal Charges on Judge Singbush for violations of the Code of Judicial Conduct. Specifically, the charges stated, among other…
Date: June 7, 2012
Docket Number: SC12-510
Date: May 31, 2012
Docket Number: SC09-441
Date: May 31, 2012
Docket Number: SC09-441
Justia Opinion Summary: This action stemmed from an appeal to the Eleventh Circuit wherein plaintiff appealed the dismissal of claims under section 627.701(4)(a), Florida Statutes, and the denial of a motion to enforce execution of the…
Date: May 31, 2012
Docket Number: SC10-529
Justia Opinion Summary: Respondent was convicted of first-degree murder of a victim whose body was never discovered. At issue was whether the trial court abused its discretion when it denied the jury's request for specific trial transcripts…
Date: May 31, 2012
Docket Number: SC10-61
Justia Opinion Summary: Petitioner was convicted of aggravated battery with a weapon. At issue was whether the trial court erred in failing to inform the jury of its right to request a read-back in response to the jury's request for trial…
Date: May 24, 2012
Docket Number: SC09-2330
Justia Opinion Summary: Defendant appealed the denial of his successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851. In his motion, defendant challenged his convictions and sentences, including a…
Date: May 24, 2012
Docket Number: SC11-945
Date: May 18, 2012
Docket Number: SC09-1264
Date: May 18, 2012
Docket Number: SC09-1264
Date: May 17, 2012
Docket Number: SC09-1264
Date: May 17, 2012
Docket Number: SC09-1264
Date: May 17, 2012
Docket Numbers: SC10-1463, SC11-427
Justia Opinion Summary: Defendant appealed an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.850. He also petitioned the…
Date: May 17, 2012
Docket Number: SC10-274
Justia Opinion Summary: Defendant appealed his conviction and sentence of death for the first degree murder of his 64-year-old stepfather. On appeal, defendant raised eight claims: (1) the trial court erred in admitting a statement that could…
Date: May 17, 2012
Docket Number: SC11-1313
Date: May 10, 2012
Docket Number: SC11-1737
Justia Opinion Summary: This case was before the court for review of the Fourth District Court of Appeal in Snipes v. Telli, which held that the Florida Constitution permitted Broward County to impose term limits on the office of the county…
Date: May 10, 2012
Docket Number: SC11-1857
Justia Opinion Summary: Petitioner, an inmate in state custody, filed a pro se petition for habeas corpus with the court challenging his conviction and sentence. Since petitioner's criminal case became final, petitioner had unsuccessfully…
Date: May 3, 2012
Docket Number: SC10-2296
Justia Opinion Summary: Petitioner was found guilty of robbery with a firearm, two counts of aggravated assault with a firearm, and grand theft. At sentencing, the trial court orally pronounced a life sentence for robbery with a firearm.…
Date: May 3, 2012
Docket Number: SC10-2434
Date: May 3, 2012
Docket Number: SC10-2434
Date: May 3, 2012
Docket Number: SC11-2313
Justia Opinion Summary: Petitioner, an inmate in state custody, filed a pro se petition for writ of habeas corpus with the court challenging his conviction and sentence. The court dismissed the petition, determining that it was unauthorized…
Date: April 27, 2012
Docket Number: SC12-460
Date: April 26, 2012
Docket Number: SC10-2010
Date: April 26, 2012
Docket Number: SC10-332
Date: April 26, 2012
Docket Number: SC10-332
Date: April 26, 2012
Docket Number: SC11-40
Date: April 26, 2012
Docket Number: SC11-40
Date: April 19, 2012
Docket Number: SC09-2245
Justia Opinion Summary: Defendant appealed his sentence of death for the murders of an 84-year-old man and his 79-year-old wife. The court previously affirmed his convictions but reversed his original death sentences and remanded for a new…
Date: April 19, 2012
Docket Number: SC09-2323
Justia Opinion Summary: Defendant appealed his convictions for the first degree murders of three victims and his sentence of death. Defendant raised four issues on appeal: the trial court erred in denying his motion for judgment of acquittal;…
Date: April 19, 2012
Docket Number: SC10-638
Justia Opinion Summary: Defendant was convicted of first degree murder, kidnapping, and aggravated battery. On appeal from the partial denial of postconviction relief, defendant claimed that the trial court erred in summarily denying his claim…
Date: April 19, 2012
Docket Numbers: SC10-807, SC11-81
Justia Opinion Summary: Defendant appealed the denial of his postconviction motion filed under Florida Rule of Criminal Procedure 3.851 and petitioned the court for a writ of habeas corpus. The court addressed issues related to meaningful…
Date: April 13, 2012
Docket Number: SC10-1967
Date: April 13, 2012
Docket Number: SC10-1967
Date: April 12, 2012
Docket Number: SC10-1967
Date: April 12, 2012
Docket Number: SC10-1967
Date: April 12, 2012
Docket Numbers: SC10-680, SC11-10
Justia Opinion Summary: Defendant appealed an order of the circuit court denying his motion to vacate his conviction of first degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitioned the court for…
Date: April 9, 2012
Docket Number: SC12-537
Justia Opinion Summary: Defendant was convicted of first-degree murder and sentenced to death. On appeal, defendant challenged the denial of his successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851.…
Date: April 5, 2012
Docket Number: SC10-2104
Justia Opinion Summary: Defendant was tried on three counts of armed robbery and three counts of false imprisonment with a weapon or firearm. At issue was the misapplication of the trial court and the First District of the procedure the court…
Date: April 5, 2012
Docket Number: SC10-2425
Justia Opinion Summary: Defendant was charged with possession of cocaine, possession of drug paraphernalia, and grand theft. Defendant entered a guilty plea and was sentenced to 18 months' imprisonment, which was the minimum sentence indicated…
Date: March 29, 2012
Docket Number: SC11-2012
Date: March 22, 2012
Docket Number: SC11-25
Justia Opinion Summary: This case arose from a fatal automobile-truck collision. Petitioners, as personal representative of the estate of the deceased and other individuals, filed an action against Airgas, a foreign corporation, and the Airgas…
Date: March 15, 2012
Docket Number: SC10-2344
Date: March 15, 2012
Docket Number: SC10-868
Justia Opinion Summary: In an automobile and train collision case, the court considered the provisions of Florida law governing the selection of venue based on the residency of defendants. At issue was the limitation placed on the selection of…
Date: March 15, 2012
Docket Number: SC11-3
Justia Opinion Summary: Petitioner entered a no contest plea to the charges of burglary of a dwelling, grand theft, and falsification of ownership to a pawnbroker. The court adjudicated her guilty of all three counts and sentenced her to five…
Date: March 15, 2012
Docket Number: SC11-40
Date: March 9, 2012
Docket Number: SC12-1
Date: March 8, 2012
Docket Number: SC09-2075
Justia Opinion Summary: Delta sought review of the First District's reversal of summary judgment voiding a tax deed and quieting title to certain real property in Delta. The court concluded that the First District improperly applied the…
Date: March 8, 2012
Docket Numbers: SC09-2417, SC09-2169
Justia Opinion Summary: Defendant appealed the denial of his postconviction motion to vacate his convictions and sentences filed under Florida Rule of Criminal Procedure 3.851. Defendant's convictions included a conviction of first-degree…
Date: March 8, 2012
Docket Number: SC10-2293
Justia Opinion Summary: This case involved the application of Florida's Involuntary Civil Commitment of Sexually Violent Predators Act, 394.9135, Florida Statutes, commonly known as the Jimmy Ryce Act, to defendant, who had been detained by the…
Date: March 8, 2012
Docket Number: SC10-238
Date: March 8, 2012
Docket Number: SC10-2460
Date: March 8, 2012
Docket Number: SC11-2373
Date: March 1, 2012
Docket Number: SC08-6
Date: March 1, 2012
Docket Number: SC08-6
Date: March 1, 2012
Docket Number: SC09-1383
Date: March 1, 2012
Docket Number: SC09-1383
Date: March 1, 2012
Docket Number: SC09-1383
Justia Opinion Summary: Defendant was convicted of first degree murder based on the shooting death of his wife. On appeal, defendant raised eight issues: (1) whether the trial court erred in permitting evidence of his prior bad acts; (2)…
Date: March 1, 2012
Docket Number: SC10-238
Date: March 1, 2012
Docket Number: SC10-238
Date: March 1, 2012
Docket Number: SC10-238
Justia Opinion Summary: Defendant appealed his conviction for first degree murder and his death sentence. In his direct appeal, defendant raised twelve issues challenging the effectiveness of his trial counsel and various rulings and…
Date: March 1, 2012
Docket Number: SC11-2372
Date: March 1, 2012
Docket Number: SC11-2372
Date: March 1, 2012
Docket Number: SC11-2372
Date: March 1, 2012
Docket Number: SC11-2372
Date: February 23, 2012
Docket Number: SC09-1533
Justia Opinion Summary: The facts in this case arose from an arrest after the driver failed a roadside sobriety test and then had her license suspended based on the refusal to submit to a breath test. The court was asked to answer two certified…
Date: February 23, 2012
Docket Number: SC09-1971
Justia Opinion Summary: This case arose when defendant was arrested and charged in county court with the misdemeanor offenses of possessing marijuana, possessing drug paraphernalia, and driving under the influence. Defendant filed a motion to…
Date: February 23, 2012
Docket Number: SC10-1791
Justia Opinion Summary: Defendant was found guilty of first-degree felony murder, second-degree murder, and aggravated child abuse. At issue was whether the merger doctrine precluded a first-degree felony-murder conviction predicated on a…
Date: February 16, 2012
Docket Number: SC11-724
Justia Opinion Summary: Defendant was convicted of first-degree murder and sentenced to death for his role in the 1987 killing of a correctional officer. Defendant subsequently appealed the circuit court's summary denial of his second…
Date: February 9, 2012
Docket Number: SC09-2421
Justia Opinion Summary: This case was before the court on appeal from a judgment of conviction of first degree murder and a sentence of death. The court held that the trial court properly limited the cross-examination of a State witness; the…
Date: February 9, 2012
Docket Number: SC10-1220
Date: February 9, 2012
Docket Number: SC10-2434
Date: February 9, 2012
Docket Number: SC11-1374
Date: February 8, 2012
Docket Number: SC12-107
Justia Opinion Summary: Defendant, a prisoner under sentence of death, appealed the denial of his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. Defendant asserted a destruction of…
Date: February 2, 2012
Docket Number: SC06-761
Date: February 2, 2012
Docket Number: SC09-2326
Justia Opinion Summary: Defendant appealed his conviction for first degree murder and his sentence of death. Defendant claimed that the trial court erred by instructing the jury on finding the heinous, atrocious, or cruel (HAC) aggravator for…
Date: February 2, 2012
Docket Number: SC10-1220
Justia Opinion Summary: The North Port Road and Drainage District (NPRDD), a municipal dependent special district wholly contained within the City of North Port, levied non-ad valorem special assessments against nine parcels of real property…
Date: February 2, 2012
Docket Number: SC10-948
Date: February 2, 2012
Docket Number: SC10-948
Date: February 2, 2012
Docket Number: SC11-285
Justia Opinion Summary: This case involved a dispute between the parties when Auto-Owners issued a performance bond in connection with the work of Southeast pursuant to a contract which provided that Southeast would build a floating dock for…
Date: January 26, 2012
Docket Number: SC09-2164
Justia Opinion Summary: Raymond Bright was convicted of two counts of first-degree premeditated murder and sentenced to death for the murders. The Supreme Court affirmed the convictions and sentences, holding (1) sufficient evidence existed in…
Date: January 26, 2012
Docket Number: SC10-2097
Date: January 26, 2012
Docket Number: SC10-948
Justia Opinion Summary: Michael Warfel filed a sinkhole claim with Universal Insurance Company, with whom he had an all-risks homeowners insurance policy that covered sinkhole claims. Universal relied on a report by an outside firm, which…
Date: January 26, 2012
Docket Number: SC11-649
Date: January 19, 2012
Docket Number: SC08-2443
Date: January 19, 2012
Docket Number: SC09-1677
Justia Opinion Summary: Petitioner sued respondent under the dangerous instrumentality doctrine after sustaining injuries caused by respondent's farm tractor. Petitioner sought review of the decision of the First District Court of Appeal, which…
Date: January 19, 2012
Docket Number: SC10-2097
Justia Opinion Summary: This case arose when petitioner's home was damaged in a hurricane and Florida Preferred was the insurer of the home. After petitioner sued Florida Preferred over a dispute regarding the covered loss and Florida Preferred…
Date: January 12, 2012
Docket Number: SC09-1997
Justia Opinion Summary: Plaintiff filed a negligence action against Dr. Mary Jane Benson, Dr. George C. Rees, and West Florida Hospital, alleging that the doctors were negligent in rendering medical care to her, which resulted in excessive…
Date: January 5, 2012
Docket Number: SC09-1045
Justia Opinion Summary: Codefendants, Christopher Johnson and James Mayfield, appealed their convictions of robbery with a firearm and carjacking. At issue was the interpretation of sections 27.511(8) and 27.5303(1)(a), Florida Statutes, and…
Date: January 5, 2012
Docket Number: SC09-1045
Date: January 5, 2012
Docket Numbers: SC10-318, SC10-1725
Justia Opinion Summary: Defendant, who was 25-years-old at the time of the crime, was convicted of the 1999 sexual battery and first-degree murder of an 18-year-old and sentenced to death. On direct appeal, the court affirmed the convictions…
Date: January 5, 2012
Docket Number: SC10-1725
Date: January 5, 2012
Docket Number: SC10-1837
Date: January 5, 2012
Docket Number: SC10-318
Date: January 5, 2012
Docket Number: SC10-794
Justia Opinion Summary: In this case, the court considered an appeal from a final circuit court judgment validating revenue bonds proposed to be issued by the county to finance a beach restoration project. The court held that appellants…
Date: January 5, 2012
Docket Number: SC10-794
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