Florida Supreme Court Decisions 2012

Dennis v. State  
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...

Marguerite Steuer, Etc., v. Jaylene, Inc., et al.
Date: December 20, 2012
Docket Number: SC09-2209
Labrant D. Dennis v. Kenneth S. Tucker
Date: December 20, 2012
Docket Number: SC09-2289
Hall v. State  
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 asse...

Hasan v. Garvar  
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 o...

In Re: Amendments to the Florida Rules of Criminal Procedure
Date: December 20, 2012
Docket Number: SC12-2235
Certification of the Need for Additional Judges
Date: December 20, 2012
Docket Number: SC12-2398
State v. Catalano  
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...

Patrick v. State  
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 senten...

Pardo v. State  
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 D...

Farr v. State  
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 atte...

Victor Marcus Farr v. Kenneth S. Tucker, etc.
Date: November 29, 2012
Docket Number: SC09-1010
Cevallos v. Rideout  
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...

Birge v. Charron  
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...

Leduan Diaz v. State of Florida
Date: November 21, 2012
Docket Number: SC11-1281
State of Florida v. Gabriel A. Hernandez
Date: November 21, 2012
Docket Number: SC11-1357
Claudia Vergara Castano v. State of Florida
Date: November 21, 2012
Docket Number: SC11-1571
In Re: Standard Jury Instructions in Criminal Cases Report No. 2011-05
Date: November 21, 2012
Docket Number: SC11-2517
Hernandez v. State  
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....

Braddy v. State  
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 convi...

Jackson v. State  
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...

Keck v. Eminisor  
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...

Citizens Prop. Ins. Corp. v. San Perdido Ass'n, Inc.  
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 prop...

In Re: Amendments to the Florida Family Law Rules of Procedure
Date: November 15, 2012
Docket Number: SC12-1930
Johnson v. State  
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...

Johnson v. State  
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...

Craig B. Daniels v. State of Florida
Date: November 8, 2012
Docket Number: SC11-1646
Lukehart v. State  
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 chi...

Gertrude Patrick v. Lionel Gatien
Date: November 1, 2012
Docket Number: SC11-1466
Frank Monte v. State of Florida
Date: November 1, 2012
Docket Number: SC11-259
Anthony Kovaleski v. State of Florida (Corrected Opinion)
Date: October 25, 2012
Docket Number: SC09-536
Anthony Kovaleski v. State of Florida (Notice of Correction)
Date: October 25, 2012
Docket Number: SC09-536
Kovaleski v. State  
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 court...

Simmons v. State  
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 petition...

Eric Lee Simmons v. Kenneth S. Tucker etc.
Date: October 18, 2012
Docket Number: SC11-1353
In Re: Amendments To The Florida Rules Of Criminal Procedure
Date: October 18, 2012
Docket Number: SC12-187
Ferguson v. State  
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 findi...

In Re: Amendments to The Florida Rules of Juvenile Procedure
Date: October 11, 2012
Docket Number: SC12-1605
John Errol Ferguson v. State of Florida (Corrected Opinion)
Date: October 8, 2012
Docket Number: SC12-1987
John Errol Ferguson v. State of Florida (Notice of Correction)
Date: October 8, 2012
Docket Number: SC12-1987
Ferguson v. State  
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 f...

Kaczmar v. State  
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, holdi...

In Re: Amendments to the Florida Family Law Rules of Procedure
Date: October 4, 2012
Docket Number: SC11-2164
Garcia v. Andonie  
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 taxpayers...

J.M. v. Gargett  
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 d...

Green v. Tucker  
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 vari...

Michael Gordon Reynolds v. State of Florida
Date: September 27, 2012
Docket Number: SC10-1602
Bd. Of Trs. of Internal Improvement Trust Fund v. Am. Educ. Enters., LLC  
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 pro...

David James Martin v. State (Corrected Opinion)
Date: September 27, 2012
Docket Number: SC10-539
David James Martin v. State (Correction Notice)
Date: September 27, 2012
Docket Number: SC10-539
Gill v. State  
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 proceedin...

Reynolds v. Tucker  
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 tr...

Oyola v. State  
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 deat...

Martin v. State  
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 wa...

Douglas v. Tucker (Revised Opinion)  
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 d...

Hopkins v. State  
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, conten...

Luther Douglas v. State of Florida (Revised Opinion; and)
Date: September 13, 2012
Docket Number: SC10-318
Altersberger v. State  
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 i...

The Florida Bar v. William Henry Winters
Date: September 6, 2012
Docket Number: SC10-1332
The Florida Bar v. Marc Edward Yonker
Date: September 6, 2012
Docket Number: SC10-1333
Leggett v. State  
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...

Hall v. State  
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...

Inquiry Concerning A Judge, No. 09-524
Date: August 30, 2012
Docket Number: SC10-348
Michael Allen Griffin v. State of Florida
Date: August 30, 2012
Docket Number: SC11-1271
J.R. v. State  
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 designee...

Robinson v. State of Florida  
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 pe...

Delhall v. State of Florida  
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...

Florida Bar v. Knowles  
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 (dili...

utler v. State of Florida  
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 moti...

Harry Lee Butler v. Kenneth S. Tucker, etc.
Date: July 12, 2012
Docket Number: SC10-2458
Timothy A. Robinson v. Kenneth S. Tucker, etc.
Date: July 12, 2012
Docket Number: SC10-695
Hampton v. State of Florida  
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...

Bobby Allen Raleigh v. State of Florida
Date: July 12, 2012
Docket Number: SC11-1272
In Re: Amendments To The Florida Probate Rules
Date: July 12, 2012
Docket Number: SC11-1575
State of Florida v. Adkins  
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,...

Dennis Sochor v. State of Florida
Date: July 12, 2012
Docket Number: SC11-1938
In Re: Amendments To Florida Rule of Judicial Administration 2.425
Date: July 12, 2012
Docket Number: SC11-2142
In Re: Amendments To The Florida Family Law Rules of Procedure
Date: July 12, 2012
Docket Number: SC12-1205
In Re: Amendments To The Florida Rules of Traffic Court
Date: July 12, 2012
Docket Number: SC12-38
Inquiry Concerning A Judge  
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 office...

State of Florida v. Hackley  
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 t...

Atwater v. Kortum  
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 initiat...

FL Bar v. Draughon  
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 whi...

Mcmillian v. State of Florida  
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...

Opinion (PDF) (/)
Date: June 26, 2012
Docket Number: Corrected
of Correction (/)
Date: June 26, 2012
Docket Number: Notice
Sponte Order
Date: June 26, 2012
Docket Number: Sua
William Van Poyck v. State of Florida
Date: June 14, 2012
Docket Number: SC11-724
William Van Poyck v. State of Florida (Rehearing Order)
Date: June 14, 2012
Docket Number: SC11-724
William Van Poyck v. State of Florida (Revised Opinion)
Date: June 14, 2012
Docket Number: SC11-724
In Re: Amendments To Florida Rule of Appellate Procedure 9.200
Date: June 14, 2012
Docket Number: SC12-620
Shands Teaching Hospital and Clinics, Inc., v. Mercury Ins. Co. of Florida  
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, La...

QBE Ins. Corp. v. Chalfonte Condominium Apt. Assoc., Inc. (Corrected Opinion)  
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 executio...

Lazaro Flores v. State of Florida
Date: June 7, 2012
Docket Number: SC10-2198
Koren v. Schl. Bd. of Miami-Dade County, et al.  
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 es...

Gaffney v. Tucker, etc.  
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...

Nordelo v. State  
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...

Inquiry Concerning a Judge, No. 10-420 Re: William Singbush  
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 things...

Raymond Bright v. State of Florida (Revised Opinion)
Date: May 31, 2012
Docket Number: SC09-2164
Raymond Bright v. State of Florida (Rehearing Order)
Date: May 31, 2012
Docket Number: SC09-2164
QBE Ins. Corp. v. Chalfonte Condominium Apartment Assoc., Inc.  
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 judgment...

State v. Barrow  
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 dur...

Hazuri v. State  
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 trans...

Kenneth Hartley v. State of Florida
Date: May 31, 2012
Docket Number: SC11-1884
Chadwick Banks v. State of Florida
Date: May 31, 2012
Docket Number: SC11-2232
Spann v. State  
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 judgme...

Valentine v. State  
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 cour...

Peterson v. State  
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 i...

Terance Valentine v. Kenneth S. Tucker, etc.
Date: May 17, 2012
Docket Number: SC11-427
Tywan D. Stabler v. State of Florida
Date: May 10, 2012
Docket Number: SC08-2006
Raydel B. Rodriguez v. State of Florida
Date: May 10, 2012
Docket Number: SC09-116
Tomas Arias v. State of Florida
Date: May 10, 2012
Docket Number: SC10-606
Telli v. Broward County, et al.  
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 com...

Richardson v. Tucker, etc.  
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 broug...

Cathy Antunes, Et Al., v. Sarasota County, Florida
Date: May 10, 2012
Docket Number: SC12-109
Dunbar v. State  
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. Howeve...

Broom v. Tucker, etc.  
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 pur...

In Re: Senate Joint Resolution of Legislative Apportionment 2-B
Date: April 27, 2012
Docket Number: SC12-460
In Re: Amendments To Florida Rule Of Juvenile Procedure 8.255
Date: April 26, 2012
Docket Number: SC10-2010
The Florida Bar v. Brian Gerard Doherty (Correction Notice)
Date: April 26, 2012
Docket Number: SC10-332
The Florida Bar v. Brian Gerard Doherty (Corrected Opinion)
Date: April 26, 2012
Docket Number: SC10-332
Guillermo O. Arbelaez v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1207
Bruce Douglas Pace v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1290
Harry Jones v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1385
Steven Edward Stein v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1400
Robert Ira Peede v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1631
Daniel Jon Peterka v. State of Florida
Date: April 26, 2012
Docket Number: SC11-1660
Mark Allen David v. State of Florida
Date: April 26, 2012
Docket Number: SC11-359
Charles William Finney v. State of Florida
Date: April 26, 2012
Docket Number: SC11-426
Paul Christopher Hildwin v. State of Florida
Date: April 26, 2012
Docket Number: SC11-428
Harry Franklin Phillips v. State of Florida
Date: April 26, 2012
Docket Number: SC11-472
Norman Parker, Jr. v. State of Florida
Date: April 26, 2012
Docket Number: SC11-473
Victor Tony Jones v. State of Florida
Date: April 26, 2012
Docket Number: SC11-474
William Lee Thompson v. State of Florida
Date: April 26, 2012
Docket Number: SC11-493
William Reaves v. State of Florida
Date: April 26, 2012
Docket Number: SC11-512
Matthew Marshall v. State of Florida
Date: April 26, 2012
Docket Number: SC11-616
Michael Bernard Bell v. State of Florida
Date: April 26, 2012
Docket Number: SC11-694
Richard Barry Randolph v. State of Florida
Date: April 26, 2012
Docket Number: SC11-725
George Michael Hodges v. State of Florida
Date: April 26, 2012
Docket Number: SC11-762
Patrick Charles Hannon v. State of Florida
Date: April 26, 2012
Docket Number: SC11-843
Anthony John Ponticelli v. State of Florida
Date: April 26, 2012
Docket Number: SC11-877
Ian Deco Lightbourne v. State of Florida
Date: April 26, 2012
Docket Number: SC11-878
William T. Turner v. State of Florida
Date: April 26, 2012
Docket Number: SC11-946
Norberto Pietri v. State of Florida
Date: April 26, 2012
Docket Number: SC11-947
Antonio Lebaron Melton v. State of Florida
Date: April 26, 2012
Docket Number: SC11-973
Chadwick Willacy v. State of Florida
Date: April 26, 2012
Docket Number: SC11-99
Snelgrove v. State of Florida  
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 pena...

Heyne v. State of Florida  
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; t...

Walker, II v. State of Florida  
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...

Michael A. Tanzi v. State of Florida
Date: April 19, 2012
Docket Number: SC10-807
Tanzi v. State; Tanzi v. Tucker, etc.  
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 appel...

MIA Consulting Group, Inc. v. Hacienda Villa, Inc.
Date: April 12, 2012
Docket Number: SC10-2408
Julie Winslow v. School Board of Alachua County
Date: April 12, 2012
Docket Number: SC10-2459
Krawczuk v. State  
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...

Anton Krawczuk v. Kenneth S. Tucker, etc.
Date: April 12, 2012
Docket Number: SC11-10
State Of Florida v. Gregory G. Geiss
Date: April 12, 2012
Docket Number: SC11-1512
Gore v. State  
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. T...

Hayes v. State  
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 s...

State v. McMahon  
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...

Andre Frost v. State of Florida
Date: April 5, 2012
Docket Number: SC11-405
The Florida Bar v. Brian Gerard Doherty
Date: March 29, 2012
Docket Number: SC10-332
In Re: Standard Jury Instructions In Criminal Cases Report 2011-04
Date: March 29, 2012
Docket Number: SC11-2012
Kitroser, etc., et al. v. Hurt, et al.  
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...

The Florida Bar v. Koko Head
Date: March 15, 2012
Docket Number: SC10-1175
Eric Edenfield v. State of Florida
Date: March 15, 2012
Docket Number: SC10-2146
In Re: Amendments To Florida Supreme Court Approved Family Law Forms
Date: March 15, 2012
Docket Number: SC10-2344
Brown, et al. v. Nagelhout, et al.  
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...

Anderson v. State  
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 y...

Delta Property Mgmt., etc. v. Profile Investments, Inc., et al.  
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 law-of-...

Taylor v. State; Taylor v. Tucker  
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 murde...

Jason Paul Boudreaux v. State of Florida
Date: March 8, 2012
Docket Number: SC10-2069
William Kenneth Taylor v. Kenneth S. Tucker, etc.
Date: March 8, 2012
Docket Number: SC10-2169
Morel v. Wilkins, etc.  
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...

Terry Marvin Ellerbee, Jr v. State of Florida (Correction Notice)
Date: March 8, 2012
Docket Number: SC10-238
Gay Berne V. Florida Department of Highway Safety and Motor Vehicles
Date: March 8, 2012
Docket Number: SC10-2460
In Re: Amendments To Florida Rule of Criminal Procedure 3.130
Date: March 8, 2012
Docket Number: SC11-2373
Gary M. Dirk v. State of Florida
Date: March 1, 2012
Docket Number: SC08-6
Gary M. Dirk v. State of Florida
Date: March 1, 2012
Docket Number: SC08-6
Gary M. Dirk v. State of Florida
Date: March 1, 2012
Docket Number: SC08-6
Gary M. Dirk v. State of Florida
Date: March 1, 2012
Docket Number: SC08-6
William Michael Kopsho v. State of Florida
Date: March 1, 2012
Docket Number: SC09-1383
William Michael Kopsho v. State of Florida
Date: March 1, 2012
Docket Number: SC09-1383
William Michael Kopsho v. State of Florida
Date: March 1, 2012
Docket Number: SC09-1383
Kopsho v. State  
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) whethe...

Terry Marvin Ellerbee, Jr. v. State of Florida
Date: March 1, 2012
Docket Number: SC10-238
Terry Marvin Ellerbee, Jr. v. State of Florida
Date: March 1, 2012
Docket Number: SC10-238
Terry Marvin Ellerbee, Jr. v. State of Florida
Date: March 1, 2012
Docket Number: SC10-238
Ellerbee, Jr. v. State  
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 conclusion...

In Re: Amendments To Florida Rule of Appellate Procedure 9.110
Date: March 1, 2012
Docket Number: SC11-2372
In Re: Amendments To Florida Rule of Appellate Procedure 9.110
Date: March 1, 2012
Docket Number: SC11-2372
In Re: Amendments To Florida Rule of Appellate Procedure 9.110
Date: March 1, 2012
Docket Number: SC11-2372
In Re: Amendments To Florida Rule of Appellate Procedure 9.110
Date: March 1, 2012
Docket Number: SC11-2372
Nader v. FL Dept. of Highway Safety and Motor Vehicles, Et Al.  
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...

State v. Bowers  
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 s...

State v. Sturdivant  
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 singl...

The Florida Bar v. Mary Alice Gwynn
Date: February 16, 2012
Docket Number: SC08-622
Van Poyck v. State  
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 successiv...

King v. State  
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 tr...

In Re: Standard Jury Instructions In Criminal Cases Report 2010-05
Date: February 9, 2012
Docket Number: SC10-2434
Florida Board of Bar Examiners Re: William Castro
Date: February 9, 2012
Docket Number: SC10-2439
Waterhouse v. State  
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 eviden...

Hall v. State  
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 t...

North Port Road And Drainage Dist., etc. v. West Villages Improvement Dist., etc.  
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 ow...

Southeast Floating Docks, Inc., et al. v. Auto-Owners Ins. Co.  
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 Ri...

Bright v. State  
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...

Universal Ins. Co. of N. Am. v. Warfel  
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 deter...

Rippy v. Shepard  
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...

Petty, et al. v. Florida Ins. Guaranty Assoc.  
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...

West Florida Regional Medical Center, Inc., etc. v. See, et al.  
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 live...

Johnson v. State  
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 wh...

Christopher Johnson v. State of Florida
Date: January 5, 2012
Docket Number: SC09-1045
Douglas v. State; Douglas v.Tucker, etc.  
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 an...

Luther Douglas v. Kenneth S. Tucker, etc.
Date: January 5, 2012
Docket Number: SC10-1725
Bobby Lee Akien v. State of Florida
Date: January 5, 2012
Docket Number: SC10-1837
Bobby Lee Akien v. State of Florida
Date: January 5, 2012
Docket Number: SC10-1837
Luther Douglas v. State of Florida (AND)
Date: January 5, 2012
Docket Number: SC10-318
Luther Douglas v. State of Florida (AND)
Date: January 5, 2012
Docket Number: SC10-318
Donovan, et al. v. Okaloosa County, FL, etc., et al.  
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 erroneo...

Margaret P. Donovan, Et Al. v. Okaloosa County, Florida, Etc., Et Al.
Date: January 5, 2012
Docket Number: SC10-794
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