Florida Supreme Court Decisions 2017
Date: December 21, 2017
Docket Number: SC13-442
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for first-degree murder and other crimes but vacated his death sentence and remanded for a new penalty phase. After the penalty phase, the jury voted nine to three to…
Date: December 21, 2017
Docket Numbers: SC15-2010, SC16-922
Justia Opinion Summary: Defendant was entitled to a new penalty phase proceeding pursuant to Hurst v. State, 202 So. 3d 40 (Fla. 2016) and Mosley v. State, 209 So. 3d 1248 (Fla. 2016) and based on his claim of ineffective assistance of penalty…
Date: December 21, 2017
Docket Number: SC16-1478
Justia Opinion Summary: A petition for a writ of habeas corpus is the proper vehicle by which to seek release from close management, which the Florida Administrative Code defines as “the confinement of an inmate apart from the general…
Date: December 21, 2017
Docket Number: SC16-785
Justia Opinion Summary: The Supreme Court approved the First District Court of Appeal’s decision ruling that the Dangerous Sexual Felony Offender Act (the DSFO Act) authorizes a mandatory minimum life sentence regardless of the statutory…
Date: December 14, 2017
Docket Number: SC15-2233
Justia Opinion Summary: The comparative fault statute, Fla. Stat. 768.81, does not apply to Engle progeny cases in which the jury finds for the plaintiff on intentional torts such that the compensatory damage awards in those cases are not…
Date: December 14, 2017
Docket Number: SC16-1420
Justia Opinion Summary: The notice and repair process set forth in Fla. Stat. 558 is a “suit” within the meaning of the commercial general liability policy issued in this case by Crum & Forster Speciality Insurance Company (C&F) to Altman…
Date: December 14, 2017
Docket Number: SC17-1122
Justia Opinion Summary: The Supreme Court dismissed the petition of the League of Women Voters of Florida for a writ of quo warranto, holding that the issue presented was not ripe for consideration. The League asked the Supreme Court to issue…
Date: December 14, 2017
Docket Numbers: SC17-156, SC17-230
Date: December 14, 2017
Docket Number: SC17-1947
Date: November 30, 2017
Docket Number: SC16-2252
Date: November 30, 2017
Docket Number: SC17-1713
Date: November 16, 2017
Docket Number: SC15-1880
Justia Opinion Summary: In this appeal from an order entered on Defendant’s postconviction motion to vacate his conviction of first-degree murder and sentence of death and related convictions and sentences, the Supreme Court reversed the…
Date: November 16, 2017
Docket Number: SC17-846
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s first successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851. Appellant was convicted of two counts of…
Date: November 9, 2017
Docket Number: SC15-1538
Justia Opinion Summary: The Supreme Court in this case struck certain unconstitutional language from the 2013 amendments to Fla. Stat. 766.106 and 766.1065, which authorized secret, ex parte interviews to the list of informal discovery devices…
Date: November 9, 2017
Docket Number: SC16-1961
Date: November 9, 2017
Docket Number: SC16-1962
Date: November 9, 2017
Docket Number: SC16-576
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s summary denial of Appellant’s successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851. In his motion, Appellant, a prisoner under sentence of…
Date: November 9, 2017
Docket Number: SC17-1522
Date: November 2, 2017
Docket Number: SC15-2125
Justia Opinion Summary: The good-faith exception to the exclusionary rule did not apply to law enforcement officers’ warrantless search of Petitioner’s cell phone in this case. Petitioner was charged with one count of traveling to meet a minor…
Date: November 2, 2017
Docket Number: SC16-2178
Justia Opinion Summary: The Supreme Court approved the findings of the Florida Judicial Qualifications Commission (JQC) that Judge Philip James Yacucci, Jr., a county court judge in the Nineteenth Judicial Circuit, violated Canons 1, 2A, 3B(8),…
Date: November 1, 2017
Docket Numbers: SC17-1618, SC17-1837
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s third and fourth successive motions for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851 and denied Appellant’s motions for stay of…
Date: October 26, 2017
Docket Number: SC15-1893
Justia Opinion Summary: In this case, the Supreme Court analyzed the significance of the constitutional provision that voters added in 2004 ("Amendment 7"), specifically, the “right to have access to any records made or received in the course…
Date: October 26, 2017
Docket Number: SC16-1161
Justia Opinion Summary: In this copyright dispute involving the satellite-radio broadcasting of certain pre-1972 sound recordings, the Supreme Court accepted for review four questions of Florida law certified by the United States Court of…
Date: October 19, 2017
Docket Number: SC13-2247
Date: October 19, 2017
Docket Number: SC16-103
Justia Opinion Summary: The Supreme Court quashed the decision of the Fifth District Court of Appeals, which held on appeal in this case that trial courts may apply a contingency fee multiplier to an award of attorney’s fees to a prevailing…
Date: October 19, 2017
Docket Number: SC17-1543
Date: October 19, 2017
Docket Number: SC17-458
Date: October 12, 2017
Docket Number: SC16-1680
Date: October 12, 2017
Docket Number: SC16-793
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s denial of relief to Appellant, a prisoner under sentence of death. At issue on appeal was the circuit court’s order summarily denying Appellant’s second successive…
Date: October 12, 2017
Docket Number: SC17-1145
Justia Opinion Summary: The Supreme Court granted Petitioner’s petition for a writ of habeas corpus, vacated his sentence of death, and remanded the case to the circuit court for a new penalty phase. Petitioner’s death sentence, which his…
Date: October 5, 2017
Docket Number: SC13-2246
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s orders denying Appellant’s successive motions for postconviction relief filed under Fla. R. Crim. P. 3.851. In 1990, Appellant was convicted of and sentenced to death for…
Date: October 5, 2017
Docket Number: SC17-91
Date: September 29, 2017
Docket Number: SC17-1687
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s eighth successive postconviction motion in which Plaintiff challenged the constitutionality of his sentences of death. The sentences of death were…
Date: September 28, 2017
Docket Number: SC15-1549
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s fourth successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and denied relief based on Hurst v. Florida, 577 U.S. __…
Date: September 28, 2017
Docket Number: SC16-1170
Justia Opinion Summary: Possession of a driver license is a prerequisite to a conviction pursuant to Fla. Stat. 233.34(5), which provides a third-degree felony penalty for “habitual traffic offenders” who drive with a driver license that has…
Date: September 28, 2017
Docket Number: SC16-1457
Justia Opinion Summary: The Stand Your Ground law does not confer civil liability immunity to a criminal defendant based upon an immunity determination in the criminal case. In reaction to Plaintiff attacking him without provocation,…
Date: September 26, 2017
Docket Number: SC17-1608
Justia Opinion Summary: The Supreme Court denied the petition for a writ of habeas corpus filed by Petitioner, a prisoner under a sentence of death for the murders of two victims. The court held (1) Petitioner was not entitled to a cumulative…
Date: September 20, 2017
Docket Number: SC16-2089
Justia Opinion Summary: Law enforcement officers may detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment. Defendant was one of two passengers in a vehicle stopped for a…
Date: September 20, 2017
Docket Number: SC17-349
Justia Opinion Summary: The Supreme Court granted Petitioner’s petition for a writ of habeas corpus, vacated his sentence of death, and remanded for a new penalty phase, holding that Petitioner’s death sentence violated Hurst v. State, 202 So.…
Date: September 14, 2017
Docket Number: SC15-1578
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first-degree murder but vacated his sentence of death and remanded for a new penalty phase. The court held (1) the evidence was sufficient to support Defendant’s…
Date: September 14, 2017
Docket Number: SC16-1357
Justia Opinion Summary: The trial court properly denied Petitioner’s request for a second-degree arson instruction as a lesser included offense of first-degree arson because the trial evidence did not entitle Defendant to such an instruction.…
Date: September 14, 2017
Docket Numbers: SC16-28, SC16-400
Justia Opinion Summary: Home health referral sources can be a protected legitimate business interest under Fla. Stat. 542.335. In these two cases consolidated for review before the Supreme Court, both Employees were former employees of…
Date: September 7, 2017
Docket Number: SC15-1555
Date: September 7, 2017
Docket Number: SC16-1062
Date: September 7, 2017
Docket Number: SC16-1377
Date: September 7, 2017
Docket Number: SC17-1365
Date: September 7, 2017
Docket Number: SC17-155
Date: August 31, 2017
Docket Number: SC15-1252
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and death sentences for the first-degree murders of a mother and her two children. The court held (1) the trial court did not err in concluding that the “particularly…
Date: August 31, 2017
Docket Numbers: SC15-1663, SC16-183
Justia Opinion Summary: The Supreme Court reversed Defendant’s sentences of death imposed for his convictions of first-degree murder and remanded for a new penalty phase based on Hurst v. State, 202 So. 3d 40 (Fla. 2016) and Mosley v. State,…
Date: August 31, 2017
Docket Number: SC16-1312
Justia Opinion Summary: Where the right to contract has been removed under Fla. Stat. 744.3215(2)(a), the ward is not required to obtain court approval prior to exercising the right to marry, but court approval is necessary before such a…
Date: August 31, 2017
Docket Number: SC16-1314
Justia Opinion Summary: Manslaughter is a category one lesser included offense of second-degree felony murder. The Fourth District Court of Appeal granted Defendant’s motion to certify to the Supreme Court the question of whether manslaughter…
Date: August 31, 2017
Docket Number: SC17-653
Justia Opinion Summary: The Supreme Court denied the petition for a writ of quo warranto filed by Petitioner, the state attorney for Florida’s Ninth Judicial Circuit, challenging Governor Rick Scott’s authority to reassign the prosecution of…
Date: August 14, 2017
Docket Number: SC17-1400
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Mark Asay’s third successive motion for postconviction relief and denied Asay’s petition for a writ of habeas corpus. The court also denied Asay’s motion for a…
Date: August 10, 2017
Docket Number: SC17-445
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive postconviction motion for postconviction relief pursuant to Fla. R. Crim. P. 3.851. Appellant, a prisoner whose death sentence…
Date: July 13, 2017
Docket Number: SC14-1965
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first-degree murder, vacated his death sentence, and remanded for a new penalty phase, holding that there was sufficient evidence to support Defendant’s convictions…
Date: July 13, 2017
Docket Number: SC15-1555
Justia Opinion Summary: A party that has had judgment entered against it is not entitled to seek equitable subrogation from a subsequent tortfeasor when the judgment has not fully been sustained. Benjamin Hintz was injured when his scooter…
Date: July 13, 2017
Docket Number: SC16-935
Justia Opinion Summary: The ambiguous section of the insurance policy at issue in this case must be construed in favor of coverage for the costs and attorneys’ fees awarded against the insured pursuant to the offer of judgment statute, Fla.…
Date: July 13, 2017
Docket Number: SC17-470
Date: July 6, 2017
Docket Numbers: SC15-2289, SC15-2292
Justia Opinion Summary: The indigent care provision of the special law applicable only to Sarasota County does not constitute an unconstitutional privilege because it applies equally to all hospitals in Sarasota County, whether public or…
Date: July 6, 2017
Docket Numbers: SC16-289, SC16-1279
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Robert Peterson post-conviction relief as to the guilt phase of Peterson’s criminal trial and denied Peterson’s separate habeas petition. The court,…
Date: July 6, 2017
Docket Number: SC17-433
Justia Opinion Summary: The Supreme Court granted Petitioner’s petition for a writ of habeas corpus, vacated Petitioner’s death sentence, and remanded to the circuit court for a new penalty phase. In his habeas petition, Petitioner sought…
Date: June 29, 2017
Docket Number: SC13-1472
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s claims raised in his motion to vacate his conviction of first-degree murder and sentence of death, with the exception of Appellant’s…
Date: June 29, 2017
Docket Number: SC13-2245
Justia Opinion Summary: Appellant, an inmate under a sentence of death, appealed the denial of her motion for postconviction relief filed under Fla. R. Crim. P. 3.851. The Supreme Court affirmed the denial of relief for a new guilt phase but…
Date: June 29, 2017
Docket Number: SC14-125
Justia Opinion Summary: On direct appeal, the Supreme Court affirmed Appellant’s first-degree murder conviction but vacated his sentence of death and remanded for a new penalty phase, holding (1) Appellant’s ineffective assistance of counsel…
Date: June 29, 2017
Docket Number: SC14-62
Justia Opinion Summary: On direct appeal, the Supreme Court affirmed Appellant's first-degree murder conviction but reversed his sentence of death and remanded this case to the trial court for a new penalty phase. The court held (1) the trial…
Date: June 29, 2017
Docket Number: SC15-2125
Justia Opinion Summary: The trial court granted Defendant’s motion to suppress evidence found on his cell phone by arresting officers pursuant to a search incident to arrest, relying on the holding in Smallwood v. State, 113 Wo. 3d 724 (Fla.…
Date: June 22, 2017
Docket Number: SC16-645
Justia Opinion Summary: At issue in this case was the authority of the City of Miami Civilian Investigative Panel (CIP), an independent body designed to investigate and review instances of alleged police misconduct and review police policies…
Date: June 22, 2017
Docket Number: SC17-935
Date: June 15, 2017
Docket Numbers: SC14-2225, SC15-859
Justia Opinion Summary: Donte Jermaine Hall was convicted and sentenced to death for the murder of Anthony Blunt. The jury voted eight to four in favor of a death sentence for the murder of Blunt. The trial court followed the jury’s…
Date: June 15, 2017
Docket Numbers: SC14-770, SC14-2106
Justia Opinion Summary: Thomas Bevel was found guilty of two counts of first-degree murder. The jury recommended the death penalty by a vote of eight to four as to the murder of Garrick Springfield and by a unanimous vote of twelve to zero as…
Date: June 15, 2017
Docket Numbers: SC15-1756, SC16-1090
Justia Opinion Summary: Michael Duane Zack, III was found guilty of the sexual assault, robbery, and first-degree murder of Ravonne Smith. After a penalty phase hearing, the jury recommended a sentence of death by a vote of eleven to one. The…
Date: June 15, 2017
Docket Numbers: SC15-404, SC16-481
Justia Opinion Summary: Harrel Franklin Braddy was convicted of first-degree murder and other crimes. After a penalty phase, the jury recommended the death penalty by a vote of eleven to one. The trial court sentenced Braddy to death. The…
Date: June 15, 2017
Docket Number: SC16-1107
Justia Opinion Summary: For purposes of applying the municipal or public purposes tax exemption contained in Fla. Const. art. VII, section 3(a), a public marina owned and operated by a municipality is a traditional municipal function that…
Date: June 15, 2017
Docket Number: SC17-327
Justia Opinion Summary: Petitioner, an inmate in state custody, filed a pro se petition for writ of habeas corpus. This was the thirteenth extraordinary writ petition or notice he had filed pertaining to a certain criminal case. The Supreme…
Date: June 8, 2017
Docket Number: SC15-1858
Justia Opinion Summary: The caps on personal injury noneconomic damages in medical negligence actions provided in Fla. Stat. 766.118 violate the Equal Protection Clause of the Florida Constitution. This case arose after complications from…
Date: June 8, 2017
Docket Number: SC15-2136
Justia Opinion Summary: The Supreme Court vacated Defendant’s sentence of death and remanded this case for a new penalty phase. After a jury trial, Defendant was convicted of one count of first-degree premeditated murder. Following a penalty…
Date: June 8, 2017
Docket Number: SC17-453
Date: June 1, 2017
Docket Number: SC12-2469
Justia Opinion Summary: The Supreme Court granted Appellant’s motion for rehearing and substituted this revised opinion for its previous opinion issued October 22, 2015 in order to consider Appellant’s claim that he was entitled to a new…
Date: May 25, 2017
Docket Number: SC15-1260
Justia Opinion Summary: The Supreme Court approved the holding of the First District Court of Appeal in City of Jacksonville v. Smith, 159 So. 3d 888 (Fla. 1st CA 2015), that the Bert J. Harris Jr., Private Property Protection Act (Act) does…
Date: May 25, 2017
Docket Number: SC16-1235
Justia Opinion Summary: The Supreme Court approved the Fourth District Court of Appeal’s ruling that the trial court did not abuse its discretion in denying Petitioner’s request to “unstrike” a juror, or withdraw a previously exercised…
Date: May 25, 2017
Docket Number: SC16-729
Justia Opinion Summary: Petitioner pled guilty in 1994 to three charges of first-degree murder for the deaths of his wife and his two children. The jury recommended sentences of death for the murders of Petitioner’s wife and son, both by a vote…
Date: May 25, 2017
Docket Number: SC17-68
Justia Opinion Summary: Petitioner was convicted for the robbery of a convenience store and first-degree murder of the store clerk. Petitioner was sentenced to death for the murder. In 2015, the Supreme Court remanded Petitioner’s case because…
Date: May 18, 2017
Docket Numbers: SC15-1823, SC16-399
Justia Opinion Summary: The Supreme Court vacated Matthew Lee Caylor’s death sentence and remanded the case for a new penalty phase, holding that Caylor’s death sentence was unconstitutional under Hurst v. Florida, 136 S. Ct. 616 (2016) because…
Date: May 18, 2017
Docket Number: SC15-1873
Justia Opinion Summary: Petitioner was convicted of lewd and lascivious battery, three counts of lewd and lascivious molestation, and lewd and lascivious conduct. Petitioner was sentenced to life in prison on each count, to run concurrently.…
Date: May 18, 2017
Docket Number: SC15-1929
Justia Opinion Summary: At issue was whether Gadsden County is a “county in which a majority of voters have approved slot machines…in a countywide referendum held pursuant to a statutory or constitutional authorization after the effective date…
Date: May 18, 2017
Docket Number: SC16-1178
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive motion for postconviction DNA testing pursuant to Fla. R. Crim. P. 3.853. In the instant postconviction motion, Appellant, a…
Date: May 18, 2017
Docket Number: SC16-1685
Date: May 18, 2017
Docket Number: SC17-456
Justia Opinion Summary: The Supreme Court granted Petitioner’s petition for a writ of habeas corpus, vacated his death sentence, and remanded for a new penalty phase, holding that Petitioner’s death sentence violated Hurst v. State, 202 So. 3d…
Date: May 11, 2017
Docket Number: SC13-1551
Justia Opinion Summary: On direct appeal, the Supreme Court affirmed Defendant’s convictions of two counts of first-degree murder but vacated his two sentences of death. The death sentences were imposed after a nonunanimous jury recommended…
Date: May 11, 2017
Docket Number: SC13-2393
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first-degree premeditated or felony murder with a weapon and his sentence of death, holding (1) the trial court did not err in denying Defendant’s challenges for…
Date: May 11, 2017
Docket Number: SC14-2410
Justia Opinion Summary: On direct appeal, the Supreme Court reversed Appellant’s convictions for two counts of first-degree murder and vacated his two death sentences, holding that the evidence presented at trial was insufficient to sustain the…
Date: May 11, 2017
Docket Numbers: SC15-1659, SC16-124
Justia Opinion Summary: The Florida Supreme Court vacated David Beasher Snelgrove’s two death sentences and ordered that Snelgrove receive a new penalty phase proceeding based on the United States Supreme Court’s decision in Hurst v. Florida,…
Date: May 11, 2017
Docket Number: SC15-1794
Justia Opinion Summary: On direct appeal, the Florida Supreme Court vacated Barry Trynell Davis, Jr.’s two death sentences and remanded for a new penalty phase pursuant to Hurst v. State, 202 So. 3d 40. Davis was convicted of two counts of…
Date: May 11, 2017
Docket Numbers: SC15-258, SC15-2005
Justia Opinion Summary: The Florida Supreme Court vacated Nelson Serrano’s four death sentences imposed after he was convicted for four counts of first-degree murder and remanded for a new penalty phase pursuant to Hurst v. State, 202 So. 3d…
Date: May 11, 2017
Docket Number: SC16-1852
Justia Opinion Summary: An individual’s right to have a judicial officer physically present at hearings held to determine whether the individual may be involuntarily committed to a mental health facility or hospital pursuant to “the Baker Act,”…
Date: May 11, 2017
Docket Number: SC17-389
Justia Opinion Summary: Petitioner pleaded guilty to murder in the first degree and robbery with a weapon. The jury returned a unanimous recommendation that Petitioner be sentenced to death. The trial court found five aggravating factors and…
Date: May 4, 2017
Docket Numbers: SC15-1360, SC16-6
Justia Opinion Summary: The Supreme Court granted John Lee Hampton’s petition for a writ of habeas corpus, vacated Hampton’s sentence of death, and ordered that Hampton receive a new penalty phase proceeding in light of Hurst v. State. In…
Date: May 4, 2017
Docket Number: SC15-1746
Justia Opinion Summary: The Supreme Court concluded that the findings of the Florida Judicial Qualifications Commission (JQC) Hearing Panel that Circuit Court Judge Kimberly Michele Shepard violated Canons 7A(3)(e)(ii) and 7A(3)(b) of the…
Date: May 4, 2017
Docket Number: SC17-259
Date: May 4, 2017
Docket Number: SC17-453
Justia Opinion Summary: The Supreme Court held that Petitioner, whose sentence of death was recommended by his penalty phase jury after a vote of eleven to one, was entitled to relief under Hurst v. State and Hurst v. Florida. The Court granted…
Date: April 27, 2017
Docket Number: SC14-1317
Justia Opinion Summary: Appellant was convicted and sentenced to death on two counts for the first-degree premeditated murders of two police officers. The Supreme Court affirmed the convictions and sentences, holding (1) the trial court did not…
Date: April 27, 2017
Docket Number: SC14-2276
Justia Opinion Summary: Appellant was convicted of first-degree murder, two counts of attempted felony murder, and two counts of attempted first-degree murder. Appellant was sentenced to death for the murder conviction. The Supreme Court…
Date: April 27, 2017
Docket Numbers: SC15-628, SC15-1612
Justia Opinion Summary: Defendant was convicted of first-degree murder. The jury recommended the death penalty by a vote of nine to three. The Supreme Court followed the recommendation and sentenced Defendant to death. Defendant filed a motion…
Date: April 27, 2017
Docket Number: SC16-54
Justia Opinion Summary: Defendant was convicted of two counts of attempted second-degree murder. The First District Court of Appeal reversed the convictions because the trial court “failed to instruct that [Defendant] could not be guilty of…
Date: April 20, 2017
Docket Number: SC13-711
Justia Opinion Summary: Petitioner pleaded guilty to armed burglary of a dwelling, armed kidnapping, attempted first-degree murder, and sexual battery using force or a weapon. Petitioner was sentenced to six concurrent life sentences.…
Date: April 20, 2017
Docket Number: SC14-418
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree premeditated and felony murder. The jury recommended the death penalty by a vote of ten to two. The trial court followed the jury’s recommendation and…
Date: April 20, 2017
Docket Numbers: SC14-979, SC15-297
Justia Opinion Summary: After a jury trial, Donald Lenneth Banks was found guilty of first-degree murder. The jury recommended the death penalty by a vote of ten to two. Following the jury’s recommendation, the trial court sentenced Banks to…
Date: April 20, 2017
Docket Number: SC15-1795
Justia Opinion Summary: Appellant was convicted of first-degree murder, armed robbery, and other offenses. The jury recommended by a vote of twelve to zero that Appellant be sentenced to death for the murder. The trial court followed the jury’s…
Date: April 20, 2017
Docket Numbers: SC16-1785, SC16-1981
Date: April 20, 2017
Docket Number: SC16-179
Justia Opinion Summary: B.R.C.M., an unaccompanied minor from Guatemala, illegally entered the United States at age thirteen and was released to his godmother as a sponsor. Thereafter, a private petition was filed on behalf of B.R.C.M. alleging…
Date: April 20, 2017
Docket Numbers: SC16-778, SC16-871
Date: April 13, 2017
Docket Number: SC14-1796
Justia Opinion Summary: After a jury trial, Appellant was found guilty of premeditated first-degree murder and of attempted second-degree murder. The trial court, following the jury’s recommendation, sentenced Appellant to death. The Supreme…
Date: April 13, 2017
Docket Number: SC15-1086
Justia Opinion Summary: Heather Worley fell in the parking lot of Central Florida Young Men’s Christian Association, Inc. (YMCA). Worley's counsel filed a negligence suit against YMCA on behalf of Worley, seeking to recover damages, including…
Date: April 13, 2017
Docket Number: SC15-1249
Justia Opinion Summary: The Communications Services Tax (CST) imposed a 6.8 percent tax rate on cable service and a 10.8 percent tax rate on satellite service. DIRECTV, Inc. and Echostar, LLC filed suit seeking a declaratory judgment holding…
Date: April 13, 2017
Docket Number: SC15-979
Justia Opinion Summary: Petitioner pled nolo contendere to three counts of sexual battery of child under the age of twelve by a person under the age of eighteen and one count of lewd or lascivious molestation. The trial court imposed costs for…
Date: April 13, 2017
Docket Number: SC16-1963
Date: April 13, 2017
Docket Number: SC16-654
Justia Opinion Summary: Prior to trial, Petitioner filed a motion in limine seeking to exclude witness testimony about the identity of the substances found at the scene of his arrest and the results from the chemical field tests performed on…
Date: April 13, 2017
Docket Number: SC17-583
Date: April 6, 2017
Docket Number: SC12-1350
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder and armed burglary of a dwelling with discharge of a firearm causing death. The trial court sentenced Defendant to death on both counts…
Date: April 6, 2017
Docket Number: SC13-1002
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The jury recommended a sentence of death by a vote of seven to five. The trial court followed the jury’s recommendation and imposed a sentence of death.…
Date: April 6, 2017
Docket Number: SC14-1800
Justia Opinion Summary: Defendant was convicted of three counts of murder. The trial court followed the jury’s recommendation of death for the murder of a five-year-old girl but sentenced Defendant to life imprisonment for the other two…
Date: April 6, 2017
Docket Numbers: SC14-582, SC14-2039
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder. The jury recommended death by a vote of ten to two. The trial court followed the jury’s recommendation and sentenced Defendant to death. The Supreme…
Date: April 6, 2017
Docket Number: SC14-703
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree premeditated and felony murder and armed robbery. The jury recommended the death penalty by a vote of eight to four. The trial court sentenced Defendant to…
Date: April 6, 2017
Docket Number: SC15-1364
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder. The jury recommended the death penalty for each murder by a vote of seven to five. The trial court sentenced Defendant to death. The…
Date: April 6, 2017
Docket Number: SC15-1542
Justia Opinion Summary: The State charged Defendant with attempted first-degree premeditated murder. The State did not charge or allege the elements of attempted felony murder in the charging document. During trial, the State pursued an…
Date: April 6, 2017
Docket Number: SC16-218
Justia Opinion Summary: Respondent, the representative for the estate of Phil Felice Marotta, filed an action as an Engle progeny plaintiff against R.J. Reynolds Tobacco Company, an Engle defendant, asserting that Marotta’s addiction to…
Date: April 6, 2017
Docket Number: SC17-312
Date: March 30, 2017
Docket Numbers: SC13-819, SC14-22
Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated or felony murder, robbery, and sexual battery. The jury recommended the death penalty by a vote of seven to five. The trial judge followed the recommendation…
Date: March 30, 2017
Docket Number: SC14-1412
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, robbery, fleeing and eluding, and resisting arrest with violence. At the penalty phase of trial, the jury recommended death by a vote of ten to two. The…
Date: March 30, 2017
Docket Number: SC15-1613
Justia Opinion Summary: Defendant was convicted of second-degree murder. Defendant’s jury was instructed on the lesser included offense of manslaughter by act with the same instruction that the Supreme Court found to be fundamentally erroneous…
Date: March 30, 2017
Docket Number: SC15-1816
Justia Opinion Summary: Defendant was convicted of attempted second-degree murder of a law enforcement officer and first-degree felony murder of another victim, which was based on the attempted second-degree murder conviction. Defendant…
Date: March 30, 2017
Docket Numbers: SC15-1881, SC16-589
Justia Opinion Summary: Before their marriage, the parties entered into a prenuptial agreement providing that, upon dissolution, each party would retain his or her premarital assets and any appreciation of those assets. Following a…
Date: March 30, 2017
Docket Number: SC15-625
Justia Opinion Summary: Defendant was convicted of first-degree murder. The jury recommended that Defendant be sentenced to death by a vote of eight to four. The trial court followed the recommendation and imposed a death sentence. The Supreme…
Date: March 30, 2017
Docket Number: SC16-303
Justia Opinion Summary: Defendant was convicted of manslaughter with a firearm and sentenced to thirty years in prison. At sentencing, the trial judge imposed a lump sum of “approximately $956” in fines and court costs. The written order showed…
Date: March 23, 2017
Docket Number: SC13-1232
Justia Opinion Summary: Appellant was convicted of first-degree murder, sexual battery with a deadly weapon, and other offenses. The trial court sentenced Appellant to death for the murder conviction. The Supreme Court affirmed Appellant’s…
Date: March 23, 2017
Docket Number: SC13-1882
Date: March 23, 2017
Docket Numbers: SC13-2331, SC14-873
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, kidnapping, and home invasion robbery. At the conclusion of the penalty phase, the jury recommended death by a vote of nine to three. The trial court…
Date: March 23, 2017
Docket Number: SC15-1903
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The jury returned a recommendation in favor of death by a vote of eight to four. The trial court accepted the recommendation and sentenced Defendant to…
Date: March 23, 2017
Docket Number: SC16-1150
Justia Opinion Summary: In 1982, Petitioner pled guilty to several counts of attempted first-degree murder, robbery with a deadly weapon, and other offenses. Petitioner was sentenced to life imprisonment for those offenses. Thereafter,…
Date: March 23, 2017
Docket Number: SC16-1222
Justia Opinion Summary: In 1987, Petitioner was convicted of several counts of uttering forgery. In 1992, Petitioner was convicted of robbery with a deadly weapon and robbery without a weapon. After his convictions and sentences became final,…
Date: March 23, 2017
Docket Number: SC16-553
Date: March 23, 2017
Docket Number: SC16-713
Justia Opinion Summary: In 2000, Petitioner was sentenced to life in prison for attempted first-degree murder and attempted robbery with a gun or deadly weapon. The Court of Appeal affirmed the convictions and sentences. Thereafter, Petitioner…
Date: March 16, 2017
Docket Numbers: SC12-2466, SC13-2112
Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of first-degree murder, four counts of conspiracy to commit murder, two counts of manslaughter, and other crimes. The jury recommended by a vote of ten to two…
Date: March 16, 2017
Docket Number: SC13-1213
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder, two counts of kidnapping, two counts of robbery, and one count of carjacking. The trial court sentenced Defendant to death for each…
Date: March 16, 2017
Docket Number: SC13-2336
Justia Opinion Summary: Defendant was charged with violating Fla. Stat. 384.24(2), which was enacted to prevent the spread of sexually transmissible diseases. The charge arose from a homosexual relationship between Defendant and the victim.…
Date: March 16, 2017
Docket Numbers: SC14-1265, SC14-1266, SC14-1305
Date: March 16, 2017
Docket Number: SC14-878
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder. The jury recommended the death sentence by a vote of ten to two. The Supreme Court affirmed the conviction and the death sentence. Thereafter, Appellant…
Date: March 16, 2017
Docket Number: SC15-1261
Date: March 16, 2017
Docket Number: SC16-141
Justia Opinion Summary: Florida Public Utilities Company (FPUC), an electric utility that relies solely on wholesale purchase power agreements with other electric utilities, entered into a settlement agreement with the Office of Public Counsel…
Date: March 16, 2017
Docket Number: SC16-978
Date: March 9, 2017
Docket Numbers: SC12-1252, SC14-881
Justia Opinion Summary: In 1999, Charles Anderson was convicted and sentenced to death for first-degree murder. The Supreme Court affirmed the conviction and sentence of death on direct appeal. Anderson filed an amended motion for…
Date: March 9, 2017
Docket Number: SC12-2469
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder and first-degree felony murder, among other crimes. The jury unanimously voted to impose the death penalty. The trial court followed the…
Date: March 9, 2017
Docket Number: SC14-1551
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts of first-degree murder and related crimes. The jury recommended death on both counts of murder. The trial court followed the jury’s recommendation and imposed…
Date: March 9, 2017
Docket Number: SC14-383
Date: March 9, 2017
Docket Number: SC16-118
Date: March 9, 2017
Docket Numbers: SC16-8, SC16-56
Justia Opinion Summary: Cary Michael Lambrix was convicted and sentenced to death for the 1983 first-degree murder of two victims. The Supreme Court affirmed Lambrix’s murder convictions and death sentences on direct appeal. After the Governor…
Date: March 2, 2017
Docket Number: SC13-1882
Justia Opinion Summary: At issue in this case was a collective bargaining agreement (CBA) between the union that represented officers employed by the City of Miami’s police department (the Union) and the City of Miami (the City). After the City…
Date: March 2, 2017
Docket Number: SC14-383
Justia Opinion Summary: After an evidentiary hearing, the Florida Judicial Qualifications Commission (JQC) determined that Circuit Judge Andrew J. Decker, III violated certain provisions of the Code of Judicial Conduct during his judicial…
Date: March 2, 2017
Docket Number: SC14-990
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree premeditated murder. The jury unanimously recommended a sentence of death. The trial court followed the jury’s recommendation and sentenced Defendant to…
Date: March 2, 2017
Docket Number: SC15-1261
Justia Opinion Summary: AHF-Bay Fund, LLC appealed a judgment awarding $695,158.23 in damages and prejudgment interest to the City of Largo for AHF’s failure to make payments pursuant to an agreement for payment in lieu of taxes (PILOT…
Date: March 2, 2017
Docket Number: SC15-1323
Date: March 2, 2017
Docket Number: SC15-2192
Justia Opinion Summary: Petitioner was convicted of multiple counts of lewd or lascivious molestation against three victims over the course of differing time periods. The trial court sentenced Petitioner to life imprisonment for the counts…
Date: March 2, 2017
Docket Number: SC15-650
Justia Opinion Summary: Dale Lee Norman was charged with open carrying of a weapon in violation of Fla. Stat. 790.053, Florida’s Open Carry Law. Section 790.053 permits individuals to carry firearms in public so long as the firearm is carried…
Date: February 23, 2017
Docket Number: SC14-1514
Justia Opinion Summary: After a jury trial, Appellant was found guilty of the kidnapping and murder of Vincent Binder. The jury recommended that Appellant be sentenced to death by a unanimous vote. The trial court agreed with the jury’s…
Date: February 23, 2017
Docket Number: SC14-1672
Justia Opinion Summary: Petitioner was involved in a single-vehicle car crash in which a single fatality occurred. After a jury trial, Petitioner was found guilty of DUI serious bodily injury and sentenced to five years of incarceration.…
Date: February 23, 2017
Docket Number: SC15-1486
Justia Opinion Summary: Defendant was charged with the murder of her husband. Defendant filed a motion to suppress statements she made to police on two occasions at the police station after being interrogated by the police. The trial court…
Date: February 23, 2017
Docket Number: SC15-1620
Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of robbery with a firearm. The jury also found that Defendant did “actually possess” a firearm during the robbery. The trial court sentenced Defendant to…
Date: February 23, 2017
Docket Number: SC15-1655
Justia Opinion Summary: MMB Properties filed a complaint alleging that Planned Parenthood of Greater Orlando’s use of property located at a medical complex violated the Declaration of Restrictions. The complaint sought a permanent injunction…
Date: February 23, 2017
Docket Number: SC16-1644
Justia Opinion Summary: Defendant was convicted of sexual battery on an inmate by a law enforcement officer and was sentenced to ten years of imprisonment and thirty years of community service. The court of appeal affirmed. Since 2012,…
Date: February 23, 2017
Docket Number: SC16-1681
Date: February 23, 2017
Docket Number: SC16-996
Date: February 20, 2017
Docket Numbers: SC16-1946, SC16-2133
Justia Opinion Summary: Here the Supreme Court considered two petitions for writs of prohibition filed in Evans v. State and Rosario v. State. In Evans, the trial court determined that it would death qualify the jury in Evans’ first-degree…
Date: February 16, 2017
Docket Number: SC15-1037
Justia Opinion Summary: Mother and Father were divorced in Colorado. After Father died, Mother and her two minor children moved to Florida. Grandparents subsequently initiated a proceeding in Colorado seeking visitation with the children.…
Date: February 16, 2017
Docket Number: SC15-1147
Justia Opinion Summary: In 2003, Respondents obtained an amended judgment against Petitioner in an Arizona federal district court. In 2006, Respondents registered the Arizona judgment in Florida under the Florida Enforcement of Foreign…
Date: February 16, 2017
Docket Number: SC15-1257
Justia Opinion Summary: A hospital provided medical services to twenty-nine insureds who were injured in motor vehicle accidents. After paying the hospital, the insurer requested certain documentation relating to the reasonableness of the…
Date: February 16, 2017
Docket Number: SC16-381
Justia Opinion Summary: In 2015, the Florida Legislature amended the Woman’s Right to Know Act. The amendments constituted the Mandatory Delay Law (the Law), which imposes an additional twenty-four hour waiting period on women seeking to…
Date: February 9, 2017
Docket Number: SC10-2363
Justia Opinion Summary: After a second jury trial, Defendant was found guilty of both first-degree premeditated murder and felony murder, with burglary as the underlying felony. The trial court sentenced Defendant to death. The Supreme Court…
Date: February 9, 2017
Docket Numbers: SC11-2403, SC12-2465
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The jury recommended death by a vote of ten-to-two. The trial court sentenced Defendant to death. The Supreme Court affirmed on direct appeal. Defendant…
Date: February 9, 2017
Docket Number: SC15-1477
Justia Opinion Summary: Richard and Jason Debrincat filed the original civil proceeding against a group of defendants. Stephen Fischer was later added as a party defendant, but the Debrincats subsequently dropped Fischer from the underlying…
Date: February 9, 2017
Docket Numbers: SC15-1662, SC16-224
Justia Opinion Summary: Defendant was convicted and sentenced to death for the first-degree premeditated murder of a corrections officer. The Supreme Court affirmed Defendant’s convictions and sentence. Defendant later filed a motion to vacate…
Date: February 9, 2017
Docket Number: SC15-2389
Justia Opinion Summary: Defendant pled no contest to multiple offenses arising out of a road rage incident. The trial court adjudicated Defendant guilty and imposed a downward sentence. At the sentencing hearing, the prosecutor argued against a…
Date: January 31, 2017
Docket Number: SC13-2247
Justia Opinion Summary: Kaczmar was convicted for first-degree murder, attempted sexual battery, and arson. Kaczmar had been previously convicted of a robbery. The state presented a victim impact statement from the victim’s brother. The…
Date: January 31, 2017
Docket Number: SC13-5
Justia Opinion Summary: Hojan was charged with armed robbery, armed kidnapping, attempted murder, and two murders arising out of the 2002 robbery of and shooting of employees at a Waffle House. A surviving victim gave law enforcement officers…
Date: January 31, 2017
Docket Number: SC14-1775
Justia Opinion Summary: In 2006, a jury found Knight guilty of two counts of first-degree murder for the deaths of his housemate, Stephens, and her four-year-old child. Police, responding to a 911 call about noises in the apartment, found the…
Date: January 31, 2017
Docket Number: SC14-2195
Justia Opinion Summary: Section 322.2615, Florida Statutes, authorizes a law enforcement officer to suspend driving privileges when a person is driving or in physical control of a vehicle and has a blood- or breath alcohol level of .08 or…
Date: January 31, 2017
Docket Number: SC15-1276
Justia Opinion Summary: In 1999, Mack’s family found Mack’s body, naked from the waist down, with a cord wrapped around her neck. Durousseau’s DNA was found inside Mack’s vagina. In 2003, Durousseau was indicted for first-degree murder for…
Date: January 31, 2017
Docket Number: SC15-1747
Justia Opinion Summary: In 1997, Aaron sustained a catastrophic brain injury at birth due to the negligence of employees at Lee Memorial. The family retained the law firm, under a contingency fee agreement providing for payment of 40 percent…
Date: January 31, 2017
Docket Number: SC15-2180
Justia Opinion Summary: Florida Constitution Article X, section 25 (Amendment 7), adopted by citizen initiative in 2004, provides patients “a right to have access to any records made or received in the course of business by a health care…
Date: January 31, 2017
Docket Number: SC15-801
Justia Opinion Summary: Housemates McCumbers, Junk, Blair, and Markus invited three women to their garage/recreation room to socialize. At 12:20 a.m. Officers Prendergast and Edu were dispatched to a noise disturbance, which had dissipated…
Date: January 31, 2017
Docket Number: SC15-954
Justia Opinion Summary: A high-speed pursuit on Alabama 167 ended when both vehicles crashed into a ditch after the Camry fired shots at the patrol car. After both cars stopped, the Camry returned more gunshots; its driver, Rafsky, fled but…
Date: January 26, 2017
Docket Number: SC10-2170
Justia Opinion Summary: Defendant was convicted of five counts of first-degree murder, armed robbery, armed kidnapping, and armed burglary with an assault or battery. The jury recommended a sentence of death for each count of first-degree…
Date: January 26, 2017
Docket Number: SC13-1834
Justia Opinion Summary: Respondents - four female students and their parents - filed a complaint against their teacher and the Palm Beach County School Board, alleging that the teacher sexually molested the children and that the School Board…
Date: January 26, 2017
Docket Number: SC13-992
Justia Opinion Summary: In 1994, Petitioner filed this lawsuit against his brother and nephew (together, Respondents) alleging claims resulting from deteriorating business relationships within the family. The first trial resulted in a hung…
Date: January 26, 2017
Docket Number: SC14-1949
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, involuntary sexual battery, and kidnapping. After a Spencer hearing, the trial court sentenced Defendant to death. The Supreme Court affirmed…
Date: January 26, 2017
Docket Numbers: SC15-1441, SC15-1630
Justia Opinion Summary: Defendant was sentenced to death for the murder of Raul Lopez and separately sentenced to death for the murder of law enforcement officer Steven Bauer. The Supreme Court affirmed in both cases. During the postconviction…
Date: January 26, 2017
Docket Number: SC15-2146
Justia Opinion Summary: In 2016, Florida Power & Light Company (FPL) filed a petition requesting that the Florida Public Service Commission (PSC) approve FPL’s purchase of a power plant so that FPL could terminate its existing power purchase…
Date: January 26, 2017
Docket Number: SC15-2294
Justia Opinion Summary: After undergoing surgery at Bethesda Memorial Hospital, it was discovered that a drainage tube had been left inside Plaintiff. Plaintiff and his wife filed suit against the hospital, alleging negligent removal and…
Date: January 26, 2017
Docket Number: SC15-2298
Justia Opinion Summary: Orthopedic Specialists and various medical service providers challenged reimbursements made by Allstate Insurance Company under personal injury protection no-fault insurance policies issued to Allstate’s insureds,…
Date: January 26, 2017
Docket Numbers: SC15-953, SC16-341
Justia Opinion Summary: Defendant was convicted of first-degree murder, attempted first-degree murder, robbery with a firearm, and fleeing to elude a law enforcement officer. The trial court sentenced Defendant to death. The Supreme Court…
Date: January 19, 2017
Docket Number: SC14-1150
Justia Opinion Summary: After a jury trial, Petitioner was convicted of second-degree murder. On appeal, Petitioner argued that the jury instruction on the required lesser included offense of manslaughter by act improperly required the jury to…
Date: January 19, 2017
Docket Numbers: SC14-1967, SC15-767
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, attempted murder, and armed robbery. Defendant was sentenced to death after the jury recommended a death sentence by a vote of nine to three. The…
Date: January 19, 2017
Docket Number: SC14-814
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, kidnapping, and robbery. The jury recommended that Defendant be sentenced to death for the murder by a vote of nine to three. After concluding that the…
Date: January 19, 2017
Docket Number: SC14-860
Justia Opinion Summary: Defendant was convicted of one count of second-degree murder and two counts of attempted second-degree murder. Defendant appealed his second-degree murder conviction, arguing that he was entitled to relief because the…
Date: January 19, 2017
Docket Numbers: SC15-1256, SC15-1762
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The jury voted ten to two to impose the death sentence. The trial court sentenced Defendant to death. The Supreme Court affirmed. Defendant later filed…
Date: January 19, 2017
Docket Number: SC15-1884
Justia Opinion Summary: Defendant was convicted of two counts of first-degree murder (premeditated and felony murder) in the death of Georgette Sturmfels, two counts of first-degree murder (premeditated and felony murder) for the death of…
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