Florida Supreme Court Decisions 2018
Date: December 28, 2018
Docket Number: SC17-2058
Justia Opinion Summary: The Supreme Court accepted a question certified to it by the Second District Court of Appeal as to whether the pre-2014 version of Rule Regulating the Florida Bar 4-3.4(b) prevents the prevailing party in the underlying…
Date: December 28, 2018
Docket Number: SC17-2062
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of first-degree murder and six sentences of death, holding that no reversible error occurred in the proceedings below and that each of the death sentences was…
Date: December 28, 2018
Docket Number: SC17-2198
Justia Opinion Summary: The Supreme Court reversed the postconviction court’s summary denial of Appellant’s claim of intellectual disability, raised pursuant to the United States Supreme Court’s decision in Hall v. Florida, 572 U.S. 701 (2014)…
Date: December 28, 2018
Docket Number: SC18-1190
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief under the United States Supreme Court’s…
Date: December 28, 2018
Docket Number: SC18-1495
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief under the United States Supreme Court’s…
Date: December 28, 2018
Docket Number: SC18-278
Justia Opinion Summary: In this case involving the proper method of applying a personal injury protection (PIP) insurance policy deductible to a medical provider’s bill for hospital emergency services and care, the Supreme Court approved the…
Date: December 28, 2018
Docket Number: SC18-48
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s successive motion requesting postconviction relief under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150…
Date: December 28, 2018
Docket Number: SC18-88
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s successive motion to vacate a judgment of conviction of first-degree murder under Fla. R. Crim. P. 3.851, holding that Appellant failed…
Date: December 20, 2018
Docket Number: SC17-1486
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s guilt phase claims, vacating his sentence of death, and remanding this case for a new penalty phase based on Hurst v. State (Hurst),…
Date: December 20, 2018
Docket Number: SC17-1562
Justia Opinion Summary: The Supreme Court quashed the decision of the Third District Court of Appeal affirming the entry of a directed verdict in favor of Arturo Lorenzo, M.D. in this medical malpractice action, holding that the decision below…
Date: December 20, 2018
Docket Number: SC17-1623
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Appellant’s motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that the circuit court did not err or abuse its…
Date: December 20, 2018
Docket Number: SC17-1928
Justia Opinion Summary: The Supreme court affirmed the circuit court’s order granting in part and denying in part Appellant’s motion for DNA testing under Fla. R. Crim. P. 3.853, holding that none of Appellant’s claims on appeal had merit.…
Date: December 20, 2018
Docket Number: SC17-1991
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s denial of Appellant’s successive motion for postconviction relief from a sentence of death, holding that any error in the proceedings below was harmless. Appellant…
Date: December 20, 2018
Docket Number: SC17-1993
Justia Opinion Summary: The Supreme Court reversed certain portions of the decision of the Second District Court of Appeal holding that chapter 2000-439, section 18, Laws of Florida (the LMHS Lien Law) is invalid under the Florida Constitution,…
Date: December 20, 2018
Docket Number: SC17-2011
Justia Opinion Summary: The Supreme Court approved of the decision of the Second District Court of Appeal in this case concerning the proper interpretation of Florida’s witness tampering statute, Fla. Stat. 914.22, holding that the statute does…
Date: December 20, 2018
Docket Number: SC17-2265
Date: December 20, 2018
Docket Numbers: SC17-707, SC18-560, SC18-334
Justia Opinion Summary: The Supreme Court affirmed the orders of the trial court partially granting and partially denying Gerald Delane Murray’s initial motion for postconviction relief under Fla. R. Crim. P. 3.851 and denying Murray’s…
Date: December 20, 2018
Docket Number: SC18-1163
Justia Opinion Summary: The Supreme Court dismissed Petitioner’s petition for writ of habeas corpus and directed the Clerk of Court to reject any future pleadings or other requests for relief submitted by Petitioner that are related to…
Date: December 20, 2018
Docket Number: SC18-1295
Date: December 20, 2018
Docket Number: SC18-16
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Appellant’s successive motion for postconviction relief, holding that Mullens v. State, 197 So. 3d 16 (Fla. 2016) controlled the outcome of this case.…
Date: December 20, 2018
Docket Number: SC18-1672
Date: December 20, 2018
Docket Number: SC18-1717
Date: December 20, 2018
Docket Number: SC18-322
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying a motion for attorney’s fees incurred during a capital postconviction proceeding, holding that the circuit court improperly denied attorney’s fees to a…
Date: December 20, 2018
Docket Number: SC18-323
Justia Opinion Summary: The Supreme Court quashed the decision of the Fifth Circuit Court of Appeal expressly declaring valid Fla. Stat. 775.082(10), holding that subsection (10) violates the Sixth Amendment to the United States…
Date: December 20, 2018
Docket Number: SC18-520
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s second successive motion to vacate his judgment of conviction of first-degree murder and sentence of death, holding (1) any error on the…
Date: December 13, 2018
Docket Number: SC16-1195
Justia Opinion Summary: The Supreme Court quashed the decision of the Fourth District Court of Appeal affirming the denial of Defendant’s motion to suppress and remanded this case to the district court with instructions that the case be…
Date: December 13, 2018
Docket Number: SC17-1002
Justia Opinion Summary: The Supreme Court approved the decision of the Second District Court of Appeal in this case and held that release from a county jail after a defendant serves a sentence entirely in the county jail where the sentence…
Date: December 13, 2018
Docket Number: SC17-1555
Justia Opinion Summary: The Supreme Court quashed the decision of the First District Court of Appeal holding that it was appropriate for an appellate court to review the entire evidentiary record to determine whether multiple convictions…
Date: December 13, 2018
Docket Number: SC17-1562
Justia Opinion Summary: The Supreme Court quashed the decision of the Third District Court of Appeal, which affirmed the entry of a directed verdict in favor of Defendant in this medical malpractice action, holding that the Third District erred…
Date: December 13, 2018
Docket Number: SC17-1978
Justia Opinion Summary: The Supreme Court answered a question certified to it by the Fourth District Court of Appeal by holding that law enforcement officers are eligible to assert Stand Your Ground immunity under Fla. Stat. 776.012(1) and…
Date: December 13, 2018
Docket Number: SC17-200
Justia Opinion Summary: The Supreme Court agreed with the Fifth District Court of Appeal’s conclusion that Appellant presented no basis for declaring Florida’s hazing statute, Fla. Stat. 1006.63, unconstitutional, thus affirming Appellant’s…
Date: December 13, 2018
Docket Number: SC18-1042
Justia Opinion Summary: The Supreme Court affirmed the denial of Appellant’s motion filed pursuant to Fla. R. Criminal. P. 3.851, holding that this Court’s prior denial of Appellant’s postconviction appeal raising similar claims was a…
Date: December 13, 2018
Docket Number: SC18-1098
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief. Appellant was…
Date: December 13, 2018
Docket Number: SC18-1478
Date: December 13, 2018
Docket Number: SC18-1666
Date: December 13, 2018
Docket Number: SC18-1716
Date: December 13, 2018
Docket Number: SC18-18
Date: December 13, 2018
Docket Number: SC18-853
Date: December 13, 2018
Docket Number: SC18-860
Date: December 12, 2018
Docket Number: SC18-1975
Justia Opinion Summary: The Supreme Court exercised jurisdiction over Petitioner’s all writs petition and denied it, holding that Petitioner, a prisoner under an active death warrant, was precluded from making new filings in the circuit court…
Date: December 12, 2018
Docket Number: SC18-1999
Justia Opinion Summary: The Supreme Court denied Petitioner’s petition for writ of habeas corpus, denied his motion for a stay of execution, and denied his request for oral argument as moot, holding that Petitioner was not entitled to relief on…
Date: December 6, 2018
Docket Number: SC18-174
Date: December 6, 2018
Docket Number: SC18-1917
Date: December 6, 2018
Docket Number: SC18-860
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that the circuit court did not err in summarily denying…
Date: December 6, 2018
Docket Number: SC18-867
Date: November 29, 2018
Docket Number: SC16-1032
Date: November 29, 2018
Docket Numbers: SC17-1725, SC18-260
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying in part John William Campbell’s amended motion to vacate his conviction of first-degree murder and sentence of death filed under Fla. R. Crim. P.…
Date: November 21, 2018
Docket Number: SC17-1822
Date: November 21, 2018
Docket Number: SC18-1131
Date: November 16, 2018
Docket Number: SC18-1573
Justia Opinion Summary: In this case concerning the vacancies created by the mandatory retirements of certain justices, the Supreme Court held that the phrase “within thirty days from the occurrence of a vacancy” in Fla. Const. art. V, 11(c)…
Date: November 15, 2018
Docket Number: SC17-1434
Date: November 15, 2018
Docket Number: SC17-1848
Justia Opinion Summary: The Supreme Court approved the decision of the Third District Court of Appeal ruling that the existence of a Facebook “friendship” was not a sufficient basis to disqualify a trial court judge, holding that the existence…
Date: November 15, 2018
Docket Number: SC17-790
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s successive postconviction motion to vacate his sentences of death under Fla. R. Crim. P. 3.851, holding that the record conclusively…
Date: November 15, 2018
Docket Number: SC17-815
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief under Hurst v. Florida, 136 S. Ct.…
Date: November 15, 2018
Docket Number: SC17-896
Justia Opinion Summary: The Supreme Court reversed the order of the postconviction court denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that the judge who heard Appellant’s motion should have recused…
Date: November 15, 2018
Docket Number: SC18-1113
Date: November 15, 2018
Docket Number: SC18-950
Justia Opinion Summary: The Supreme Court approved the stipulation entered into between Judge Deborah White-Labora, a judge of the Miami-Dade County Court, and the Judicial Qualifications Commission (JQC) to the JQC’s finding that Judge…
Date: November 8, 2018
Docket Number: SC14-1442
Justia Opinion Summary: The Supreme Court approved the decision of the First District Court of Appeal affirming the trial court’s denial of Defendant’s motion to vacate his 1000-year sentences with parole eligibility pursuant to Fla. R. Crim.…
Date: November 8, 2018
Docket Number: SC16-1032
Justia Opinion Summary: The Supreme Court vacated Defendant’s death sentence and remanded this case to the trial court for a new penalty phase, holding that the error pursuant to Hurst v. State, 202 So. 3d 40 (Fla. 2016), was not harmless…
Date: November 8, 2018
Docket Number: SC17-1269
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Appellant’s successive motion for postconviction relief under Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief pursuant to Hurst…
Date: November 8, 2018
Docket Number: SC17-1434
Date: November 1, 2018
Docket Number: SC13-1213
Justia Opinion Summary: The Supreme Court reaffirmed the postconviction court’s denial of Appellant’s intellectual disability (ID) claim, holding that Moore v. Texas, 137 S. Ct. 1039 (2017), did not impact the denial of Appellant’s ID…
Date: November 1, 2018
Docket Number: SC16-2187
Justia Opinion Summary: The Supreme Court held that juvenile offenders’ sentences of life with the possibility of parole after twenty-five years do not violate the Eighth Amendment of the United States Constitution, as delineated by the United…
Date: November 1, 2018
Docket Number: SC17-1952
Justia Opinion Summary: The Supreme Court approved the decision of the First District Court of Appeal concluding that an automobile can be a weapon for purposes of Florida’s reclassification statute, Fla. Stat. 775.087(1), holding that an…
Date: November 1, 2018
Docket Number: SC17-472
Justia Opinion Summary: The Supreme Court approved the decision of the Fourth District Court of Appeal in this appeal concerning the rule of completeness codified in the Florida Evidence Code and a related issue concerning the rule of evidence…
Date: November 1, 2018
Docket Number: SC17-829
Justia Opinion Summary: The Supreme Court quashed the decision of the Second District Court of Appeal affirming the ruling of the trial court that Plaintiffs' claims that Defendants negligently failed to protect Plaintiffs, who were twins, from…
Date: October 25, 2018
Docket Number: SC17-152
Date: October 25, 2018
Docket Number: SC17-882
Date: October 25, 2018
Docket Number: SC17-999
Date: October 25, 2018
Docket Numbers: SC18-1366, SC18-1367
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court invalidating and enjoining the Constitutional Revision Commission’s Revision 1, designated as Amendment 6 and entitled “Rights of Crime Victims; Judges,” from…
Date: October 25, 2018
Docket Number: SC18-7
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court dismissing the postconviction proceedings brought by Appellant, a prisoner under sentence of death, but not discharging counsel, holding that the…
Date: October 19, 2018
Docket Number: SC12-263
Justia Opinion Summary: The Supreme Court affirmed Defendant’s sentence of death after resentencing, holding that any error in Defendant’s resentencing did not taint the jury’s recommendation for death. Defendant was convicted for the 1990…
Date: October 19, 2018
Docket Number: SC17-362
Justia Opinion Summary: For the reasons discussed in this opinion, by a prior order, Dana Marie Santino was removed from office on the grounds that Santino’s conduct “does not evidence a present fitness to hold judicial office.” On July 2,…
Date: October 19, 2018
Docket Number: SC18-303
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s denial of Appellant’s successive motion to vacate judgments of conviction, including one of first-degree murder, and sentence of death under Fla. R. Crim. P. 3.851,…
Date: October 19, 2018
Docket Number: SC18-476
Justia Opinion Summary: After denying Kenneth L. Shirah, Sr.’s petition for a writ of habeas corpus the Supreme Court directed the Clerk of Court to reject any future pleadings or other requests for relief submitted by Shirah related to his…
Date: October 19, 2018
Docket Number: SC18-695
Justia Opinion Summary: After denying Ronald K. Schiming’s petition for a writ of habeas corpus as repetitive, the Supreme Court instructed the Clerk of Court to reject any future pleadings, petitions, motions, documents, or other filings…
Date: October 17, 2018
Docket Number: SC18-1513
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court in granting a petition for writ of quo warranto and ordering that ballot titles and summaries of three proposed amendments to the Florida Constitution be…
Date: October 15, 2018
Docket Number: SC16-2182
Justia Opinion Summary: The Supreme Court held that chapter 2013-107, section 1, Laws of Florida, which revised section 90.702, Florida Statutes, which the Court previously declined to adopt to the extent it was procedural, infringes on the…
Date: October 15, 2018
Docket Number: SC16-2276
Date: October 15, 2018
Docket Number: SC17-1014
Justia Opinion Summary: The Supreme Court quashed the decision of the Fourth District Court of Appeal in this criminal case, holding that the State was not entitled to the speedy trial rule’s recapture period in Fla. R. Crim. P. 3.191, where…
Date: October 15, 2018
Docket Number: SC17-1385
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that Defendant was not entitled to Hurst relief,…
Date: October 15, 2018
Docket Number: SC18-1368
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the League of Women Voters and enjoining Kenneth Detzner, Secretary of the Florida Department of State, from placing…
Date: October 4, 2018
Docket Number: SC16-1164
Justia Opinion Summary: In this action filed by Petitioner seeking attorney’s fees, the Supreme Court affirmed the decision of the Fifth District Court of Appeal concluding that the proposals for settlement in the underlying case were ambiguous…
Date: October 4, 2018
Docket Number: SC17-1293
Date: October 4, 2018
Docket Number: SC17-1510
Date: October 4, 2018
Docket Number: SC17-1598
Justia Opinion Summary: The Supreme Court quashed the decision of the Fifth District Court of Appeal reversing the trial court’s decision imposing consecutive sentences and remanding to the trial court for consideration of whether, in the…
Date: October 4, 2018
Docket Number: SC17-500
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s successive motion for postconviction relief, holding that Appellant was not entitled to relief on his claims. Appellant was convicted of…
Date: October 4, 2018
Docket Number: SC18-118
Date: October 4, 2018
Docket Numbers: SC18-1247, SC18-1321
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s orders summarily denying Appellant’s fifth and sixth successive motions for postconviction relief filed under Fla. R. Crim. P. 3.851, the postconviction court's order…
Date: October 4, 2018
Docket Number: SC18-175
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief on his…
Date: October 4, 2018
Docket Number: SC18-243
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s third successive motion to vacate a sentence of death under Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief as…
Date: September 27, 2018
Docket Number: SC13-1213
Justia Opinion Summary: The Supreme Court reaffirmed the denial of Defendant’s intellectual disability (ID) claim, holding that Moore v. Texas, 137 S. Ct. 1039 (2017), did not compel a different result. In Wright v. State, 213 So. 3d 881 (Fla.…
Date: September 27, 2018
Docket Number: SC17-2263
Date: September 27, 2018
Docket Number: SC17-67
Justia Opinion Summary: The Supreme Court quashed the decision of the district court in favor of Plaintiff, an independent contractor, in this complaint alleging that Caterpillar Financial Services Corporation was liable for injuries Plaintiff…
Date: September 27, 2018
Docket Number: SC18-1087
Date: September 27, 2018
Docket Number: SC18-1459
Date: September 27, 2018
Docket Number: SC18-488
Date: September 27, 2018
Docket Number: SC18-566
Date: September 27, 2018
Docket Number: SC18-984
Date: September 20, 2018
Docket Number: SC15-1095
Justia Opinion Summary: Andres was convicted of first-degree murder, armed burglary with assault or battery, first-degree arson, and armed robbery for crimes that resulted in the death of the occupant of a Miami apartment where Andres was…
Date: September 20, 2018
Docket Number: SC17-2235
Justia Opinion Summary: Lynch pled guilty to two counts of first-degree premeditated murder, one count of armed burglary of a dwelling, and one count of kidnapping, all stemming from the 1999 deaths of Morgan and her 13-year-old daughter.…
Date: September 20, 2018
Docket Number: SC17-563
Justia Opinion Summary: A jury made a multimillion-dollar noneconomic damages award to an adult child whose mother died of lung cancer after finding through special interrogatories that the decedent’s addiction to cigarettes was a legal cause…
Date: September 20, 2018
Docket Number: SC17-85
Justia Opinion Summary: In 2006, Harvey, the insured, was involved in an automobile accident with Potts. Potts, age 51, died as a result, leaving a wife and three children. Harvey’s vehicle was registered in both his name and his business’s…
Date: September 20, 2018
Docket Number: SC18-646
Justia Opinion Summary: The circuit court denied Zakrzewski’s motion under Florida Rule of Criminal Procedure 3.851, seeking relief pursuant to the U.S. Supreme Court’s 2016 decision in Hurst v. Florida. The Supreme Court of Florida affirmed…
Date: September 13, 2018
Docket Number: SC17-1146
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s claims of ineffective assistance of counsel, holding that the postconviction court properly denied the claims. Appellant was sentenced…
Date: September 13, 2018
Docket Number: SC17-1538
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court granting in part and denying in part Appellant’s motion to vacate his conviction of first-degree murder and his sentence of death, holding that the…
Date: September 7, 2018
Docket Number: SC18-1287
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court holding that the ballot title and summary of a proposed amendment to the Florida Constitution (Amendment 13) were clearly and conclusively defective, vacated…
Date: September 7, 2018
Docket Number: SC18-1339
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court validating the ballot title and summary of a proposed amendment to the Florida Constitution (Amendment 10), holding that the circuit court did not err in…
Date: September 6, 2018
Docket Number: SC16-2103
Justia Opinion Summary: The Supreme Court concluded that Judge Scott C. DuPont of the Seventh Judicial Circuit violated the Code of Judicial Conduct and that those violations warranted the most severe sanction of removal from office. The…
Date: September 6, 2018
Docket Number: SC16-931
Justia Opinion Summary: In this wrongful death medical malpractice action, the Supreme Court quashed the decision of the First District Court of Appeal affirming the trial court’s dismissal of Plaintiff’s action and remanded with instructions…
Date: September 6, 2018
Docket Number: SC17-845
Justia Opinion Summary: In this dispute over whether the trial court properly allowed a witness's identification testimony during a criminal trial, the Supreme Court held that a witness who identifies a defendant’s voice can establish a prior…
Date: September 6, 2018
Docket Number: SC17-954
Justia Opinion Summary: In this dispute between the former record owners of certain real property and a subordinate lienholder over surplus funds resulting from a judicial foreclosure sale of the property, the Supreme Court held that the…
Date: August 30, 2018
Docket Number: SC15-1926
Date: August 30, 2018
Docket Number: SC17-1362
Date: August 30, 2018
Docket Number: SC17-1947
Date: August 30, 2018
Docket Number: SC17-843
Justia Opinion Summary: At issue was whether, when a juvenile offender is entitled to a sentence review hearing, the trial court is required to review the aggregate sentence that the juvenile is serving from the same sentencing proceeding in…
Date: August 30, 2018
Docket Number: SC18-18
Date: August 30, 2018
Docket Number: SC18-458
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), did not apply retroactively to…
Date: August 30, 2018
Docket Number: SC18-541
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to relief under Hurst v. State (Hurst), 202 So. 3d 40…
Date: August 30, 2018
Docket Number: SC18-677
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that the Court’s prior denial of Appellant’s successive motion for postconviction relief…
Date: August 30, 2018
Docket Number: SC18-825
Justia Opinion Summary: In this case before the Supreme Court on Petitioner’s pro se petition for a writ of mandamus, the Court found that Petitioner failed to show cause why he should not be barred from filing further pro se requests for…
Date: July 19, 2018
Docket Number: SC17-1674
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s denial of Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136…
Date: July 19, 2018
Docket Number: SC17-330
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s orders summarily denying Appellant’s fifth motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and 3.203. Appellant was convicted of first-degree murder…
Date: July 19, 2018
Docket Number: SC17-878
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order granting Milo Rose’s pro se motion to dismiss postconviction proceedings and discharge collateral counsel, holding that the postconviction court did not abuse…
Date: July 19, 2018
Docket Number: SC18-1047
Date: July 19, 2018
Docket Number: SC18-118
Date: July 19, 2018
Docket Number: SC18-158
Date: July 12, 2018
Docket Number: SC16-1712
Justia Opinion Summary: Upon revocation of a youthful offender’s probation for a substantive violation, the trial court is authorized to either impose another youthful offender sentence, with no minimum mandatory, or to impose an adult Criminal…
Date: July 12, 2018
Docket Number: SC16-2187
Justia Opinion Summary: Juvenile offenders’ sentences of life with the possibility of parole after twenty-five years do not violate the Eighth Amendment of the United States Constitution as set forth in Graham v. Florida, 560 U.S. 48 (2010),…
Date: July 12, 2018
Docket Number: SC17-713
Justia Opinion Summary: Defendant’s convictions for aggravated assault, attempted sexual battery, and burglary with an assault or battery, which arose during a single criminal episode, did not violate the prohibition against double…
Date: July 12, 2018
Docket Number: SC17-805
Justia Opinion Summary: The Supreme Court quashed the Third District Court of Appeal’s decision in this case and remanded for reconsideration under the correct harmless error standard set forth in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986),…
Date: July 6, 2018
Docket Number: SC17-297
Date: July 6, 2018
Docket Number: SC17-738
Date: July 6, 2018
Docket Number: SC18-992
Date: July 5, 2018
Docket Number: SC17-297
Justia Opinion Summary: Under federal law, the Agency for Health Care Administration (AHCA) may only reach the past medical expenses portion - and not the future medical expenses portion - of a Medicaid recipient’s tort recovery to satisfy its…
Date: July 5, 2018
Docket Number: SC17-690
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, which sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S.…
Date: July 5, 2018
Docket Number: SC17-975
Justia Opinion Summary: Fla. Stat. 702.06 permits an independent action at law for a deficiency judgment when the foreclosure court has expressly reserved jurisdiction to handle a deficiency claim but has not actually decided the merits of the…
Date: June 28, 2018
Docket Number: SC17-1963
Justia Opinion Summary: The biological father has standing to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage - or the “presumption of legitimacy” - when he has “manifested a…
Date: June 28, 2018
Docket Number: SC17-2272
Justia Opinion Summary: The Supreme Court affirmed the denial of Petitioner’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and…
Date: June 26, 2018
Docket Number: SC17-1073
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S.…
Date: June 26, 2018
Docket Number: SC17-2054
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S.…
Date: June 26, 2018
Docket Number: SC18-382
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S.…
Date: June 21, 2018
Docket Number: SC18-696
Date: June 21, 2018
Docket Number: SC18-697
Date: June 21, 2018
Docket Number: SC18-698
Date: June 14, 2018
Docket Numbers: SC16-801, SC17-246
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the postconviction court’s denial of Eric Kurt Patrick’s motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and granted Patrick’s petition for writ…
Date: June 7, 2018
Docket Number: SC17-962
Justia Opinion Summary: The Supreme Court disapproved the decision of the First District Court of Appeal in Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015) on the issue of whether a trial court is required to pronounce orally each condition…
Date: May 31, 2018
Docket Number: SC17-1137
Date: May 31, 2018
Docket Number: SC17-1533
Date: May 24, 2018
Docket Number: SC17-1863
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851. Appellant was convicted in 2002 of first-degree murder…
Date: May 24, 2018
Docket Number: SC17-1987
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying, after an evidentiary hearing, Appellant’s sixth successive motion for postconviction relief based on a claim of newly discovered evidence, holding that…
Date: May 24, 2018
Docket Number: SC17-2281
Justia Opinion Summary: The Supreme Court held that Petitioner failed to show cause why he should not be barred from filing further pro se requests for relief in the Supreme Court relating to certain case numbers and, accordingly, sanctioned…
Date: May 24, 2018
Docket Number: SC17-583
Date: May 17, 2018
Docket Number: SC16-1474
Justia Opinion Summary: A motion under Fla. R. Civ. P. 1.090 to enlarge the time to accept a proposal for settlement does not automatically toll the thirty-day deadline for accepting the proposal until the motion is decided. The Second…
Date: May 17, 2018
Docket Numbers: SC16-448, SC17-1083
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s denial of Jason Walton’s motion to vacate sentences of death under Fla. R. Crim. P. 3.851 and denied Walton’s petition for writ of habeas corpus. Walton was…
Date: May 17, 2018
Docket Number: SC17-1034
Justia Opinion Summary: An indigent defendant who is represented by private counsel pro bono is entitled to file motions pertaining to the appointment and costs of experts, mitigation specialists, and investigators ex parte and under seal, with…
Date: May 17, 2018
Docket Numbers: SC17-499, SC17-983
Justia Opinion Summary: The Supreme Court withdrew the opinion issued on January 22, 2018, and substituted this opinion in its place, reviewing Pressley Bernard Alston’s appeal of the circuit court’s order denying Alston’s motion filed pursuant…
Date: May 17, 2018
Docket Number: SC17-82
Justia Opinion Summary: The Florida Public Service Commission applied the correct standard of review in its final order approving a nonunanimous settlement agreement between certain parties relating to the rates or service of a public utility…
Date: May 10, 2018
Docket Number: SC16-2271
Justia Opinion Summary: Defendant, a juvenile nonhomicide offender, was entitled to resentencing under Graham v. Florida, 560 U.S. 48 (2010), because the sentencing court did not make the required findings at Defendant’s sentencing hearing to…
Date: May 10, 2018
Docket Number: SC17-2004
Date: May 10, 2018
Docket Number: SC18-648
Date: May 3, 2018
Docket Number: SC16-1976
Justia Opinion Summary: A local government has the authority under Fla. Stat. 316.0083(1)(a) to contract with a private third-party vendor to review and sort information from red light cameras, in accordance with the local government’s written…
Date: May 3, 2018
Docket Number: SC17-1501
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, in which Appellant claimed newly discovered evidence,…
Date: May 2, 2018
Docket Number: SC18-285
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, in which Appellant sought relief pursuant to the United States Supreme Court’s decision in Hurst…
Date: May 2, 2018
Docket Number: SC18-57
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851, in which Appellant sought relief pursuant to the United States Supreme Court’s decision in Hurst…
Date: April 26, 2018
Docket Number: SC15-1926
Justia Opinion Summary: The Supreme Court quashed the decision of the court of appeal in this medical malpractice action, holding that the treating physician’s deposition testimony regarding how the physician would have treated Alexis Cantore…
Date: April 26, 2018
Docket Number: SC16-1587
Justia Opinion Summary: For a claim to sound in medical malpractice, the act from which the claim arises must be directly related to medical care or services, which require the use of professional judgment or skill. This case arose out of an…
Date: April 26, 2018
Docket Number: SC17-686
Justia Opinion Summary: The Supreme Court withdrew its opinion issued on January 24, 2018 in this case and substituted this opinion in its place, holding that the circuit court properly denied Appellant’s motion filed pursuant to Fla. R. Crim.…
Date: April 26, 2018
Docket Number: SC17-869
Date: April 26, 2018
Docket Number: SC18-201
Justia Opinion Summary: The Supreme Court directed the clerk of court to reject any future pleadings or other requests for relief submitted by Petitioner that pertained to two particular cases unless such filings were signed by a member in good…
Date: April 19, 2018
Docket Number: SC16-2170
Justia Opinion Summary: In this appeal from a criminal conviction the Supreme Court affirmed in part and quashed in part the decision of the Second District Court of Appeal affirming Appellant’s convictions and sentences, holding that, based on…
Date: April 12, 2018
Docket Number: SC17-127
Justia Opinion Summary: The Supreme Court affirmed the trial court’s order summarily denying Appellant’s renewed motion for a determination of intellectual disability as a bar to execution, filed under Fla. R. Crim. P. 3.203 and Fla. Stat.…
Date: April 12, 2018
Docket Number: SC17-1355
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant relief on his successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851 in which Appellant sought to vacate his death…
Date: April 12, 2018
Docket Number: SC17-576
Justia Opinion Summary: A defendant who claims that the offense as charged in the information is barred by the statute of limitations must raise the issue in the trial court in order to preserve the issue for direct appeal. On appeal from his…
Date: April 5, 2018
Docket Number: SC17-1458
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s successive postconviction motion to vacate a sentence of death under Fla. R. Crim. P. 3.851. In his successive motion, Appellant…
Date: April 5, 2018
Docket Number: SC17-1475
Justia Opinion Summary: The Supreme Court affirmed the order of the postconviction court denying Appellant’s successive motion for postconviction relief seeking relief based on Hurst v. Florida, 136 S. Ct. 616 (2016), Hurst v. State (Hurst),…
Date: April 5, 2018
Docket Number: SC17-1542
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order vacating Appellee’s sentence of death and granting Appellee a new penalty phase, holding that the Hurst error in Appellee’s case was not harmless beyond a…
Date: April 5, 2018
Docket Number: SC17-1640
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order denying Appellant’s motion to vacate judgments of conviction, including his conviction for first-degree murder, and his sentence of death under Fla. R. Crim. P.…
Date: April 5, 2018
Docket Number: SC17-1678
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s order summarily denying Appellant’s first successive postconviction motion filed under Fla. R. Crim. P. 3.851. Appellant was convicted of first-degree murder,…
Date: April 5, 2018
Docket Number: SC17-793
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s motion to vacate sentences of death under Fla. R. Crim. P. 3.851. The jury in Appellant’s case unanimously recommended death. In this successive…
Date: March 29, 2018
Docket Number: SC17-1071
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, holding that any Hurst error in this case was…
Date: March 29, 2018
Docket Number: SC17-1283
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order summarily denying Defendant’s first successive motion for postconviction relief, holding that any Hurst error in this case was harmless beyond a reasonable doubt. In…
Date: March 27, 2018
Docket Number: SC17-1480
Justia Opinion Summary: The Supreme Court affirmed the orders of the circuit court denying Ronnie Johnson’s motions filed under Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida,…
Date: March 23, 2018
Docket Number: SC17-1499
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed under Fla. R. Crim. P. 3.851 in which Appellant sought relief pursuant to the United States Supreme Court’s decision in Hurst v.…
Date: March 23, 2018
Docket Number: SC17-1693
Date: March 22, 2018
Docket Number: SC15-1924
Justia Opinion Summary: In this medical malpractice action, the trial court did not abuse its discretion when it allowed Monica Gutierrez’s treating physicians to testify during trial as to their diagnostic opinions and permitted Monica and her…
Date: March 22, 2018
Docket Number: SC17-1934
Justia Opinion Summary: The Supreme Court denied the petition of Petitioner seeking to invoke the Court’s discretionary jurisdiction based on express and direct conflict. Further, due to Petitioner’s numerous meritless and inappropriate filings…
Date: March 15, 2018
Docket Number: SC14-1966
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for murder and kidnapping but vacated his sentence of death and remanded for the imposition of a life sentence without eligibility for parole based on Defendant’s…
Date: March 15, 2018
Docket Number: SC17-1229
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court summarily denying Appellant’s motion to vacate a judgment of conviction of first-degree murder and a sentence of death filed under Fla. R. Crim. P. 3.851. In his…
Date: March 15, 2018
Docket Number: SC17-935
Date: March 8, 2018
Docket Number: SC16-1470
Date: March 1, 2018
Docket Number: SC15-1320
Justia Opinion Summary: The Supreme Court quashed the decision of the First District Court of Appeal in Roberts v. State, 168 So. 3d 252 (Fla. 1st DCA 2015), to the extent it was inconsistent with the Supreme Court’s decision in Walton v.…
Date: March 1, 2018
Docket Number: SC17-929
Justia Opinion Summary: The Supreme Court affirmed the trial court’s denial of Appellant’s third successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that the trial court’s failure to hold a case status…
Date: March 1, 2018
Docket Number: SC17-997
Justia Opinion Summary: The Supreme Court found that Petitioner failed to show cause why he should not be barred from filing further pro se filings in this court and directed the clerk of the court to reject any future pleadings or other…
Date: February 28, 2018
Docket Number: SC17-1693
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Bobby Allen Raleigh’s motion filed under Fla. R. Crim. P. 3.851, holding that Raleigh was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-1733
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Milford Wade Byrd’s motion filed under Fla. R. Crim. P. 3.851, holding that Byrd was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-1765
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Mark Allen Geralds’ motion filed Geralds Fla. R. Crim. P. 3.851, holding that Geralds was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-1778
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Pablo San Martin’s motion filed under Fla. R. Crim. P. 3.851, holding that San Martin was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-1808
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Ronald Palmer Heath’s motion filed under Fla. R. Crim. P. 3.851, holding that Heath was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-1812
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Thomas Dewey Pope’s motion filed under Fla. R. Crim. P. 3.851, holding that Pope was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-2057
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Darryl Brian Barwick’s motion filed under Fla. R. Crim. P. 3.851, holding that Barwick was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-2086
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Paul Anthony Brown’s motion filed under Fla. R. Crim. P. 3.851, holding that Brown was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 28, 2018
Docket Number: SC17-2190
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Louis B. Gaskin’s motion filed under Fla. R. Crim. P. 3.851, holding that Gaskin was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 22, 2018
Docket Number: SC16-1221
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for two counts of first-degree murder and his sentences of death, holding that the trial court did not commit prejudicial error. Appellant pleaded guilty to the murder…
Date: February 22, 2018
Docket Number: SC16-1711
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for armed robbery and first-degree murder but vacated his sentence of death and remanded for a new penalty phase. Following a third trial, Appellant was found guilty of…
Date: February 22, 2018
Docket Number: SC17-506
Justia Opinion Summary: Alleyne v. United States, 570 U.S. 99 (2013) requires a jury to make the factual finding under Fla. Stat. 775.082(1)(b) as to whether a juvenile offender actually killed, intended to kill, or attempted to kill the…
Date: February 15, 2018
Docket Number: SC17-824
Justia Opinion Summary: The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s postconviction motion to vacate his sentence of death under Fla. R. Crim. P. 3.851, holding that any Hurst error during Appellant’s…
Date: February 15, 2018
Docket Numbers: SC18-190, SC18-218
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s summary denial of Eric Scott Branch’s second successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and denied Branch’s petition for a writ of habeas…
Date: February 8, 2018
Docket Number: SC17-1050
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s summary denial of Appellant’s postconviction motion filed pursuant to Fla. R. Crim. P. 3.851 seeking sentencing relief under Hurst v. Florida, 136 S. Ct. 616 (2016), and…
Date: February 8, 2018
Docket Number: SC17-42
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s orders denying Appellant’s successive motion for postconviction relief, filed under Fla. R. Crim. P. 3.851, and denying his demands for additional public records, filed…
Date: February 2, 2018
Docket Number: SC17-1080
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Floyd William Damren’s motion filed under Fla. R. Crim. P. 3.851, holding that Damren was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1147
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Antonio Labaron Melton’s motion filed under Fla. R. Crim. P. 3.851, holding that Melton was not entitled to relief pursuant to the United States Supreme…
Date: February 2, 2018
Docket Number: SC17-1242
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Samuel Jason Derrick’s motion filed under Fla. R. Crim. P. 3.851, holding that Derrick was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1281
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Norberto Pietri’s motion filed under Fla. R. Crim. P. 3.851, holding that Pietri was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1306
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Michael Allen Griffin’s motion filed under Fla. R. Crim. P. 3.851, holding that Griffin was not entitled to relief pursuant to the United States Supreme…
Date: February 2, 2018
Docket Numbers: SC17-1401, SC17-1402
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Emanuel Johnson’s motion filed under Fla. R. Crim. P. 3.851, holding that Johnson was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1435
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Thomas M. Overton’s motion filed under Fla. R. Crim. P. 3.851, holding that Overton was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1442
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Gary Lawrence’s motion filed under Fla. R. Crim. P. 3.851, holding that Lawrence was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1586
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying George Michael Hodges’s motion filed under Fla. R. Crim. P. 3.851, holding that Hodges was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 2, 2018
Docket Number: SC17-1715
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Alvin Leroy Morton’s motion filed under Fla. R. Crim. P. 3.851, holding that Morton was not entitled to relief pursuant to the United States Supreme Court’s…
Date: February 1, 2018
Docket Number: SC16-1426
Justia Opinion Summary: At issue was whether Defendant, who was charged with lewd or lascivious battery, was entitled to an instruction on the permissive lesser included offense of unnatural and lascivious act. The trial court denied…
Date: February 1, 2018
Docket Numbers: SC16-1738, SC16-1739
Justia Opinion Summary: In two separate cases involving two separate robberies committed by the same defendant, the Fifth District Court of Appeal directed the trial court to reduce Defendant’s convictions from robbery with a deadly weapon to…
Date: February 1, 2018
Docket Number: SC16-1752
Justia Opinion Summary: Plaintiff brought this case challenging the Florida Department of Law Enforcement’s (FDLE) authority to promulgate rules related to blood collection resulting in blood alcohol test results, along with the sufficiency of…
Date: February 1, 2018
Docket Number: SC17-1226
Date: February 1, 2018
Docket Number: SC17-1948
Date: February 1, 2018
Docket Number: SC17-2040
Date: February 1, 2018
Docket Number: SC17-337
Justia Opinion Summary: At issue was whether Defendant’s waiver of postconviction proceedings and counsel precluded him from claiming a right to relief under Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Defendant was a prisoner under…
Date: February 1, 2018
Docket Number: SC17-872
Justia Opinion Summary: The Supreme Court vacated Appellant’s sentence of death and remanded for a new penalty phase consistent with Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Appellant was convicted of two counts of murder. The jury…
Date: January 31, 2018
Docket Number: SC17-1074
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Jack R. Sliney’s motion filed under Fla. R. Crim. P. 3.851, holding that Sliney was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1118
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Gary Richard Whitton’s motion filed under Fla. R. Crim. P. 3.851, holding that Whitton was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1133
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Robert R. Gordon’s motion filed under Fla. R. Crim. P. 3.851, holding that Gordon was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1142
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Anton J. Krawczuk’s motion filed under Fla. R. Crim. P. 3.851, holding that Krawczuk was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1143
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Henry Perry Sireci’s motion filed under Fla. R. Crim. P. 3.851, holding that Sireci was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1211
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying David Miller, Jr.’s motion filed under Fla. R. Crim. P. 3.851, holding that Miller was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1268
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Manuel Antonio Rodriguez’s motion filed under Fla. R. Crim. P. 3.851, holding that Rodriguez was not entitled to relief pursuant to the United States Supreme…
Date: January 31, 2018
Docket Number: SC17-1309
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Robert A. Consalvo’s motion filed under Fla. R. Crim. P. 3.851, holding that Consalvo was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-1547
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Steven Edward Stein’s motion filed under Fla. R. Crim. P. 3.851, holding that Stein was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 31, 2018
Docket Number: SC17-939
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Joshua D. Nelson’s motion filed under Fla. R. Crim. P. 3.851, holding that Nelson was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1021
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Bruce Douglas Pace’s motion filed under Fla. R. Crim. P. 3.851, holding that Pace was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1112
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Dominick A. Occhicone’s motion filed under Fla. R. Crim. P. 3.851, holding that Occhicone was not entitled to relief pursuant to the United States Supreme…
Date: January 30, 2018
Docket Number: SC17-1179
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Anthony Lamarca’s motion filed under Fla. R. Crim. P. 3.851, holding that Lamarca was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1205
Justia Opinion Summary: The Supreme Court denied Petitioner’s petition seeking a writ of habeas corpus pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in…
Date: January 30, 2018
Docket Number: SC17-1324
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Marbel Mendoza’s motion filed under Fla. R. Crim. P. 3.851, holding that Mendoza was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1343
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Dennis Sochor’s motion filed under Fla. R. Crim. P. 3.851, holding that Sochor was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1399
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Ernest Whitfield’s motion filed under Fla. R. Crim. P. 3.851, holding that Whitfield was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-1711
Justia Opinion Summary: The Supreme Court denied Toney Deron Davis’s petition seeking a writ of habeas corpus pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand…
Date: January 30, 2018
Docket Number: SC17-919
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Thomas Lee Gudinas’s motion filed under Fla. R. Crim. P. 3.851, holding that Gudinas was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 30, 2018
Docket Number: SC17-945
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Glen Edward Rogers’ motion filed under Fla. R. Crim. P. 3.851, holding that Rogers was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1001
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Paul Alfred Brown’s motion filed under Fla. R. Crim. P. 3.851, holding that Brown was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1045
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Michael Bernard Bell’s motion filed under Fla. R. Crim. P. 3.851, holding that Bell was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1101
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Guy R. Gamble’s motion filed under Fla. R. Crim. P. 3.851, holding that Gamble was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1141
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Kevin Don Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1259
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Mark Allen Davis’s motion filed under Fla. R. Crim. P. 3.851, holding that Davis was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-1383
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Charles Kenneth Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme…
Date: January 29, 2018
Docket Number: SC17-1754
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Gary Ray Bowles’ motion filed under Fla. R. Crim. P. 3.851, holding that Bowles was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-938
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Brandy Bain Jennings’ motion filed under Fla. R. Crim. P. 3.851, holding that Jennings was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-942
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Robert Joe Long’s motion filed under Fla. R. Crim. P. 3.851, holding that Long was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 29, 2018
Docket Number: SC17-971
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Konstantinos X. Fotopoulos’s motion filed under Fla. R. Crim. P. 3.851, holding that Fotopoulos was not entitled to relief pursuant to the United States…
Date: January 26, 2018
Docket Number: SC17-830
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying William H. Kelley’s motion filed under Fla. R. Crim. P. 3.851, holding that Kelley was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-837
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Ian Deco Lightbourne’s motion filed under Fla. R. Crim. P. 3.851, holding that Lightbourne was not entitled to relief pursuant to the United States Supreme…
Date: January 26, 2018
Docket Number: SC17-873
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Robert D. Morris’s motion filed under Fla. R. Crim. P. 3.851, holding that Morris was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-884
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Richard Harold Anderson’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Anderson was not entitled to relief pursuant to the United States…
Date: January 26, 2018
Docket Number: SC17-889
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Kenneth Allen Stewart’s motion filed under Fla. R. Crim. P. 3.851, holding that Stewart was not entitled to relief pursuant to the United States Supreme…
Date: January 26, 2018
Docket Number: SC17-892
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying George James Trepal’s motion filed under Fla. R. Crim. P. 3.851, holding that Trepal was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-899
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Kenneth Hartley’s motion filed under Fla. R. Crim. P. 3.851, holding that Hartley was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-920
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Sonny Ray Jeffries’ motion filed under Fla. R. Crim. P. 3.851, holding that Jeffries was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-950
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Melvin Trotter’s motion filed under Fla. R. Crim. P. 3.851, holding that Trotter was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 26, 2018
Docket Number: SC17-985
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Charles William Finney’s motion filed under Fla. R. Crim. P. 3.851, holding that Finney was not entitled to relief pursuant to the United States Supreme…
Date: January 25, 2018
Docket Number: SC14-416
Justia Opinion Summary: Defendant, who was serving a forty-year sentence for a nonhomicide crime that he committed when he was a juvenile, was entitled to be resentenced under the juvenile sentencing provisions of chapter 2014-220, Laws of…
Date: January 25, 2018
Docket Number: SC16-1599
Justia Opinion Summary: The Supreme Court’s decision in Melbourne v. State, 679 So. 2d 759 (Fla. 1996), does not require a trial court to adhere strictly to the procedure as outlined in Melbourne and its progeny. Defendant was convicted of…
Date: January 25, 2018
Docket Number: SC16-1961
Date: January 25, 2018
Docket Number: SC16-1962
Date: January 25, 2018
Docket Number: SC17-1005
Date: January 25, 2018
Docket Number: SC17-679
Justia Opinion Summary: The Supreme Court dismissed Petitioner’s pro se petition for writ of habeas corpus, the thirty-ninth pro se petition or notice he had filed with the court since 2006, and found that Petitioner has abused the court’s…
Date: January 25, 2018
Docket Number: SC17-711
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Lenard James Philmore’s successive motion for postconviction relief under to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme…
Date: January 25, 2018
Docket Number: SC17-823
Justia Opinion Summary: In this case before the Supreme Court for review of a question of law certified by the United States Court of Appeals for the Eleventh Circuit, the Supreme Court answered that post-judgment discovery for the purpose of…
Date: January 24, 2018
Docket Number: SC17-589
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Harold Gene Lucas’s motion filed under Fla. R. Crim. P. 3.851, holding that Lucas was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 24, 2018
Docket Number: SC17-686
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Robert J. Trease’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Trease was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-699
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying William Earl Sweet’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Sweet was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-703
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Etheria Verdell Jackson’s motion filed under Fla. R. Crim. P. 3.851, holding that Jackson was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-807
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Gregory Alan Kokal’s motion filed under Fla. R. Crim. P. 3.851, holding that Kokal was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 24, 2018
Docket Number: SC17-809
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying William Gregory Thomas’s motion filed under Fla. R. Crim. P. 3.851, holding that Thomas was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-818
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Steven Richard Taylor’s motion filed under Fla. R. Crim. P. 3.851, holding that Taylor was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 24, 2018
Docket Number: SC17-847
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Donald David Dillbeck’s motion filed under Fla. R. Crim. P. 3.851, holding that Dillbeck was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-862
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying John Christopher Marquard’s motion filed under Fla. R. Crim. P. 3.851, holding that Marquard was not entitled to relief pursuant to the United States Supreme…
Date: January 24, 2018
Docket Number: SC17-869
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Steven Maurice Evans’ motion filed under Fla. R. Crim. P. 3.851, holding that Evans was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 23, 2018
Docket Number: SC17-1605
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Chadwick Willacy’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Willacy was not entitled to relief pursuant to the United States Supreme…
Date: January 23, 2018
Docket Number: SC17-552
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Carl Puiatti’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Puiatti was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 23, 2018
Docket Number: SC17-566
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Curtis W. Beasley’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Beasley was not entitled to relief pursuant to the United States Supreme…
Date: January 23, 2018
Docket Number: SC17-587
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Ronald Wayne Clark Jr.’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Clark was not entitled to relief pursuant to the United States Supreme…
Date: January 23, 2018
Docket Number: SC17-628
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Richard Wallace Rhodes’ motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Rhodes was not entitled to relief pursuant to the United States Supreme…
Date: January 23, 2018
Docket Number: SC17-726
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Daniel Burns, Jr.’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Burns was not entitled to relief pursuant to the United States Supreme…
Date: January 23, 2018
Docket Number: SC17-737
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Loran Cole’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Cole was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 23, 2018
Docket Numbers: SC17-859, SC16-706
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying James D. Ford’s motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Ford was not entitled to…
Date: January 23, 2018
Docket Number: SC17-902
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Curtis Windom’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Windom was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 23, 2018
Docket Number: SC17-926
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Jeffrey Lee Atwater’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Atwater was not entitled to relief pursuant to the United States Supreme…
Date: January 22, 2018
Docket Number: SC17-1219
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Donald Bradley’s petition for a writ of habeas corpus, holding that Bradley was not entitled to relief pursuant to the United States Supreme Court’s decision…
Date: January 22, 2018
Docket Numbers: SC17-1225, SC16-1066
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Ernest D. Suggs’ motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Suggs was not entitled to…
Date: January 22, 2018
Docket Number: SC17-1509
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Eric Scott Branch’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Branch was not entitled to relief pursuant to the United States Supreme…
Date: January 22, 2018
Docket Number: SC17-497
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Marvin Burnett Jones’s motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Jones was not entitled to relief pursuant to the United States Supreme…
Date: January 22, 2018
Docket Numbers: SC17-499, SC17-983
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Pressley Bernard Alston’s motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Alston was not…
Date: January 22, 2018
Docket Numbers: SC17-593, SC17-1003
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Daniel Jon Peterka’s motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Peterka was not entitled…
Date: January 22, 2018
Docket Number: SC17-820
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Jason Demetrius Stephens' motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Stephens was not…
Date: January 22, 2018
Docket Number: SC17-850
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Kayle Barrington Bates’ motion filed pursuant to Fla. R. Crim. P. 3.851 and denied his petition for a writ of habeas corpus, holding that Bates was not…
Date: January 22, 2018
Docket Number: SC17-959
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Frank A. Walls’ motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Walls was not entitled to relief pursuant to the United States Supreme Court’s…
Date: January 22, 2018
Docket Number: SC17-984
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Harry Franklin Phillips’ motion filed pursuant to Fla. R. Crim. P. 3.851, holding that Phillips was not entitled to relief pursuant to the United States…
Date: January 18, 2018
Docket Number: SC17-127
Justia Opinion Summary: The Supreme Court affirmed the trial court’s order summarily denying Appellant’s renewed motion for a determination of intellectual disability as a bar to execution filed under Fla. R. Crim. P. 3.203 and Fla. Stat.…
Date: January 18, 2018
Docket Number: SC17-2053
Date: January 18, 2018
Docket Number: SC17-931
Justia Opinion Summary: The Supreme Court affirmed the trial court’s order summarily denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851. Appellant pleaded guilty to first-degree murder and…
Date: January 11, 2018
Docket Number: SC15-2395
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of first-degree murder but vacated his sentence of death and remanded for a new penalty phase. The jury in this case recommended death by a vote of ten to two. The…
Date: January 11, 2018
Docket Number: SC16-1921
Justia Opinion Summary: The Supreme Court approved the First District Court of Appeal’s holding in Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2017), that Fla. Stat. 57.105 does not prohibit awarding attorney’s fees in dating, repeat, and…
Date: January 11, 2018
Docket Number: SC16-808
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first-degree murder but vacated his death sentence and remanded for a new penalty phase. Defendant was sentenced to death after a jury recommended the death penalty…
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