Florida Supreme Court Decisions 2018

Anil Desai, M.D. v. Lawnwood Medical Center, Inc.
Date: December 28, 2018
Docket Number: SC17-1493
Trial Practices, Inc. v. Hahn Loeser & Parks, LLP  
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...

Damas v. State  
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 appropriat...

Foster v. State  
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)...

Duckett v. State  
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 d...

Finney v. State  
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 d...

In Re: Certification of Need for Additional Judges
Date: December 28, 2018
Docket Number: SC18-1970
Progressive Select Insurance Co. v. Florida Hospital Medical Center  
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 Fi...

Thomas v. State  
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...

Merck v. State  
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...

King v. State  
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), 20...

Ruiz v. Tenet Hialeah Healthsystem, Inc.  
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...

Allen v. State  
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 discretion. App...

Gosciminski v. State  
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. Af...

Rivera v. State  
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 w...

Lee Memorial Health System v. Progressive Select Insurance Co.  
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,...

McCloud v. State  
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...

In Re: Standard Jury Instructions in Criminal Cases
Date: December 20, 2018
Docket Number: SC17-2265
The Florida Bar v. Jacqueline Marie Kinsella
Date: December 20, 2018
Docket Number: SC17-55
State v. Murray  
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 successi...

Marts v. Jones  
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 Petition...

In Re: Standard Jury Instructions in Criminal Cases
Date: December 20, 2018
Docket Number: SC18-1295
Robinson v. State  
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....

In Re: Standard Jury Instructions in Criminal Cases
Date: December 20, 2018
Docket Number: SC18-1717
In Re: Standard Jury Instructions in Civil Cases
Date: December 20, 2018
Docket Number: SC18-1875
Cartenuto v. Justice Administrative Commission  
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 de...

Brown v. State  
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 Constitution....

Taylor v. State  
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 par...

Shelly v. State  
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 remande...

State v. Lewars  
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 woul...

Lee v. State  
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 violat...

Ruiz v. Tenet Hialeah Healthsystem, Inc.  
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...

State v. Peraza  
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 776....

Martin v. State  
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 con...

Rodriguez v. State  
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 procedura...

Jones v. State  
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...

In Re: Standard Jury Instructions in Criminal Cases
Date: December 13, 2018
Docket Number: SC18-1478
In Re: Standard Jury Instructions in Criminal Cases
Date: December 13, 2018
Docket Number: SC18-1666
In Re: Standard Jury Instructions in Criminal Cases
Date: December 13, 2018
Docket Number: SC18-1716
In Re: Amendments to Florida Family Law Rule Of Procedure 12.407
Date: December 13, 2018
Docket Number: SC18-853
Kevin Don Foster v. State of Florida – Corrected Opinion
Date: December 13, 2018
Docket Number: SC18-860
Jimenez v. Bondi  
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 c...

Jimenez v. Jones  
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...

In Re: Standard Jury Instructions in Criminal Cases
Date: December 6, 2018
Docket Number: SC17-1822
Foster v. State  
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 rel...

Eriese Alphonso Tisdale v. State of Florida – Corrected Opinion
Date: November 29, 2018
Docket Number: SC16-1032
Campbell v. State  
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. 3...

William J. Vickers v. Annie D. Thomas
Date: November 29, 2018
Docket Number: SC18-270
David P. Trotti v. Rick Scott, Governor, et al.
Date: November 26, 2018
Docket Number: SC18-1217
The Florida Bar v. Jeremy W. Alters
Date: November 21, 2018
Docket Number: SC14-100
In Re: Standard Jury Instructions in Criminal Cases
Date: November 21, 2018
Docket Number: SC17-1822
In Re: Standard Jury Instructions in Criminal Cases
Date: November 21, 2018
Docket Number: SC18-1131
League of Women Voters of Florida v. Scott  
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) re...

Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Ass’n  
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...

Harvey v. State  
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 dem...

Mungin v. State  
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. 6...

Reed v. State  
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 herself. Appe...

In Re: Standard Jury Instructions in Criminal Cases
Date: November 15, 2018
Docket Number: SC18-1113
Inquiry Concerning Judge Deborah White-Labora  
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 White-L...

Franklin v. State  
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. P...

Tisdale v. State  
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 beyon...

Spencer v. State  
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...

Wright v. State  
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 claim. O...

State v. Michel  
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...

Shepard v. State  
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 autom...

Nock v. State  
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...

D.H. v. Adept Community Services, Inc.  
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...

In Re: Amendments to Florida Rule of Appellate Procedure 9.800
Date: October 25, 2018
Docket Number: SC17-999
Department of State v. Hollander  
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...

In Re: Standard Jury Instructions in Criminal Cases
Date: October 25, 2018
Docket Number: SC18-513
Davis v. State  
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 postconvi...

Lowe v. State  
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 fir...

The Florida Bar v. Kelsay Dayon Patterson
Date: October 19, 2018
Docket Number: SC16-1438
Inquiry Concerning Judge Dana Marie Santino  
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, 201...

Conahan v. State  
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, h...

Shirah v. State  
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 cri...

Schiming v. Jones  
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 submi...

Detzner v. Anstead  
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 stric...

Deneal O. Brown v. State of Florida
Date: October 15, 2018
Docket Number: SC16-1031
DeLisle v. Crane Co.  
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 Cou...

Born-Suniaga v. State  
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 th...

Jones v. State  
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,...

Detzner v. League of Women Voters of Florida  
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 Revi...

Allen v. Nunez  
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...

Villasol Community Development District v. TC 12, LLC
Date: October 4, 2018
Docket Number: SC17-1293
The Florida Bar Re: Advisory Opinion - Shore v. Wall, et al.
Date: October 4, 2018
Docket Number: SC17-1510
Miller v. State  
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 court...

Jennings v. State  
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 fi...

Jimenez v. State  
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...

Anderson v. State  
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 claims. A...

Zack v. State  
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...

In Re: Standard Jury Instructions in Criminal Cases
Date: October 4, 2018
Docket Number: SC18-488
Wright v. State  
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....

The Florida Bar v. Kelley Andrea Bosecker
Date: September 27, 2018
Docket Number: SC16-1387
In Re: Standard Jury Instructions in Criminal Cases
Date: September 27, 2018
Docket Number: SC17-2263
Newton v. Caterpillar Financial Services Corp.  
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...

In Re: Amendments to the Florida Probate Rules – 2018 Fast-Track Report
Date: September 27, 2018
Docket Number: SC18-1459
In Re: Standard Jury Instructions in Criminal Cases
Date: September 27, 2018
Docket Number: SC18-488
In Re: Standard Jury Instructions in Criminal Cases
Date: September 27, 2018
Docket Number: SC18-566
Andres v. Florida  
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 perfo...

Lynch v. Florida  
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. Lynch...

Odom v. R.J. Reynolds Tobacco Co.  
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 o...

Harvey v. Geico General Insurance Co.  
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 nam...

Zakrzewski v. Florida  
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 th...

Gonzalez v. State  
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...

Brown v. State  
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 postcon...

In Re: Standard Jury Instructions in Civil Cases
Date: September 13, 2018
Docket Number: SC18-694
Department of State v. Florida Greyhound Ass’n  
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 t...

County of Volusia v. Detzner  
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 concludi...

Inquiry Concerning Judge Scott C. DuPont  
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 Flor...

Morris v. Muniz  
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 t...

Johnson v. State  
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 s...

Bank of New York Mellon v. Glenville  
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 statut...

State v. Purdy  
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 de...

Kearse v. State  
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 App...

Booker v. State  
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 (Fla...

Lightbourne v. State  
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 r...

Raghubir v. State  
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 relie...

The Florida Bar v. Madsen Marcellus, Jr.
Date: July 19, 2018
Docket Number: SC16-1773
Galante Romar Phillips v. State of Florida
Date: July 19, 2018
Docket Number: SC17-1150
Peede v. State  
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 S...

Blanco v. State  
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 an...

Rose v. State  
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 i...

Eustache v. State  
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...

State v. Michel  
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), Mi...

In Re: Standard Jury Instructions in Criminal Cases
Date: July 12, 2018
Docket Number: SC17-2266
Tambriz-Ramirez v. State  
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 jeopardy. T...

Rodriguez v. State  
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),...

The Florida Bar v. Byron Gregory Petersen
Date: July 6, 2018
Docket Number: SC14-1942
Scott Mansfield v. State of Florida
Date: July 6, 2018
Docket Number: SC17-690
Dyck-O'Neal, Inc. v. Heather Lanham
Date: July 6, 2018
Docket Number: SC17-975
The Florida Bar v. Byron Gregory Petersen
Date: July 5, 2018
Docket Number: SC14-1942
Giraldo v. Agency for Health Care Administration  
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...

Mansfield v. State  
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....

Orlando NOA v. Florida Insurance Guaranty Association
Date: July 5, 2018
Docket Number: SC17-738
Dyck-O'Neal, Inc. v. Lanham  
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...

Simmonds v. Perkins  
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...

Jimenez v. State  
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...

Dailey v. State  
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. C...

Doyle v. State  
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. C...

Owen v. State  
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. C...

Patrick v. State  
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...

Levandoski v. State  
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 o...

The Florida Bar v. Anthony Wayne Blackburn
Date: May 24, 2018
Docket Number: SC17-1514
Everett v. State  
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 a...

In Re: Standard Jury Instructions in Criminal Cases
Date: May 24, 2018
Docket Number: SC17-1870
Sweet v. State  
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...

Schofield v. State  
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 hi...

In Re: Standard Criminal Jury Instructions in Capital Cases
Date: May 24, 2018
Docket Number: SC17-583
Koppel v. Ochoa  
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 Distric...

Walton v. State  
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 convicte...

Andrews v. State  
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...

Alston v. State  
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...

Sierra Club v. Brown  
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 p...

In Re: Standard Jury Instructions in Criminal Cases
Date: May 10, 2018
Docket Number: SC16-1430
Morris v. State  
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 c...

In Re: Amendments to Florida Rule of Criminal Procedure 3.220
Date: May 10, 2018
Docket Number: SC17-2004
In Re: Amendments to Canon 6 of the Code of Judicial Conduct
Date: May 10, 2018
Docket Number: SC18-648
The Florida Bar v. Jon Douglas Parrish
Date: May 3, 2018
Docket Number: SC15-1988
Jimenez v. State  
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...

Florida Board of Bar Examiners Re: Donald L. Ferguson
Date: May 3, 2018
Docket Number: SC17-1494
Taylor v. State  
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, i...

Jones v. State  
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 v...

Reaves v. State  
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 v...

Cantore v. West Boca Medical Center, Inc.  
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 h...

National Deaf Academy, LLC v. Townes  
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 a...

Trease v. State  
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....

Steven Maurice Evans v. State of Florida – on Rehearing
Date: April 26, 2018
Docket Number: SC17-869
Woodson v. State  
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...

Williams v. State  
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...

Quince v. State  
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. 921....

Hall v. State  
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 sen...

State v. Smith  
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...

Taylor v. State  
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 claime...

Crain v. State  
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), 20...

State v. Smith  
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 reaso...

Tanzi v. State  
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....

Johnston v. State  
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, kidnap...

Reynolds v. State  
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 postco...

Grim v. State  
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 harml...

Smithers v. State  
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...

Johnson v. State  
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, 13...

Ronnie Johnson v. State of Florida
Date: March 27, 2018
Docket Number: SC17-1484
Gonzalez v. State  
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. Flori...

Bobby Allen Raleigh v. State of Florida – Corrected Opinion
Date: March 23, 2018
Docket Number: SC17-1693
Gutierrez v. Vargas  
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...

The Florida Bar v. Randall Lawrence Gilbert
Date: March 22, 2018
Docket Number: SC15-2004
In Re: Standard Jury Instructions in Criminal Cases
Date: March 22, 2018
Docket Number: SC17-1652
Rivas v. Bank of New York Mellon  
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...

Johnson v. State  
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 perfor...

Hutchinson v. State  
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...

Troy Victorino v. State of Florida
Date: March 8, 2018
Docket Number: SC17-1285
In Re: Standard Jury Instructions in Criminal Cases
Date: March 8, 2018
Docket Number: SC17-1652
Jesse Guardado v. State of Florida
Date: March 8, 2018
Docket Number: SC17-1903
In Re: Standard Jury Instructions in Criminal Cases
Date: March 8, 2018
Docket Number: SC17-2013
John R. Richards v. State of Florida
Date: March 1, 2018
Docket Number: SC14-184
Roberts v. State  
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. State...

James Guzman v. State of Florida – Corrected Opinion
Date: March 1, 2018
Docket Number: SC16-1711
Sochor v. State  
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...

Hickmon v. Jones  
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 reques...

Raleigh v. State  
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...

Byrd v. State  
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 decis...

Geralds v. State  
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...

San Martin v. State  
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...

Heath v. State  
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 de...

Pope v. State  
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 decis...

Barwick v. State  
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...

Brown v. State  
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 dec...

Gaskin v. State  
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 decis...

The Florida Bar v. Robert Joseph Ratiner
Date: February 22, 2018
Docket Number: SC13-539
Wall v. State  
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 o...

Guzman v. State  
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...

Williams v. State  
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 victim...

Franklin v. State  
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 pena...

Branch v. State  
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...

Rodgers v. State  
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 Hur...

In Re: Standard Jury Instructions in Criminal Cases
Date: February 8, 2018
Docket Number: SC17-1714
In Re: Standard Jury Instructions in Criminal Cases
Date: February 8, 2018
Docket Number: SC17-1740
Hamilton v. State  
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 unde...

Damren v. State  
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...

Melton v. State  
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 Court’...

Derrick v. State  
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...

Pietri v. State  
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 decis...

Griffin v. State  
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 Court’...

Johnson v. State  
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 deci...

Overton v. State  
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 de...

Lawrence v. State  
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 decis...

Hodges v. State  
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...

Morton v. State  
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 de...

State v. Knighton  
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 Defendant’...

Davis v. State  
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 r...

Goodman v. Florida Department of Law Enforcement  
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...

In Re: Standard Jury Instructions in Civil Cases
Date: February 1, 2018
Docket Number: SC17-1060
State v. Silvia  
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 sent...

Pagan v. State  
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 re...

Sliney v. State  
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 decisi...

Whitton v. State  
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...

Gordon v. State  
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 deci...

Krawczuk v. State  
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 d...

Sireci v. State  
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 de...

Miller v. Jones  
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 dec...

Rodriguez v. State  
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 C...

Consalvo v. State  
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...

Stein v. State  
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 de...

Nelson v. State  
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 deci...

Pace v. State  
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 deci...

Occhicone v. State  
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 Cour...

Lamarca v. State  
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 deci...

Booker v. Jones  
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 Hur...

Mendoza v. State  
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 decis...

Sochor v. State  
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 decisio...

Whitfield v. State  
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 d...

Davis v. Jones  
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...

Gudinas v. State  
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 d...

Rogers v. State  
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 dec...

Brown v. State  
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 deci...

Bell v. State  
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 de...

Gamble v. State  
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 decisio...

Foster v. State  
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 deci...

Davis v. State  
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 decis...

Foster v. State  
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 Court’...

Bowles v. State  
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 decisi...

Jennings v. State  
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...

Long v. State  
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 decisio...

Fotopoulos v. State  
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 Suprem...

Kelley v. State  
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 dec...

Lightbourne v. State  
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 Cou...

Morris v. State  
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 deci...

Anderson v. State  
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 Supre...

Stewart v. State  
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 Court’...

Trepal v. State  
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 d...

Hartley v. State  
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 deci...

Jeffries v. State  
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 d...

Trotter v. State  
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 decis...

Finney v. State  
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 Court’...

Lee v. State  
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 Flor...

Spencer v. State  
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 a...

Kendrick v. Jones  
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 limi...

Philmore v. State  
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 Court’...

Salinas v. Ramsey  
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 c...

Lucas v. State  
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 deci...

Trease v. State  
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 Court’...

Sweet v. State  
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 Court...

Jackson v. State  
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 Cour...

Kokal v. State  
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 dec...

Thomas v. State  
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 Court’...

Taylor v. State  
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...

Dillbeck v. State  
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 Court...

Marquard v. State  
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 C...

Evans v. State  
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 de...

Willacy v. State  
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 Court...

Puiatti v. State  
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 d...

Beasley v. State  
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 Cour...

Clark v. State  
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 C...

Rhodes v. State  
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 C...

Burns v. State  
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 Court’...

Cole v. State  
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 decisi...

Ford v. State  
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 reli...

Windom v. State  
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 d...

Atwater v. State  
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 Co...

Bradley v. Jones  
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 i...

Suggs v. State  
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 re...

Branch v. State  
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 Court...

Jones v. State  
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 Cou...

Alston v. State  
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 enti...

Peterka v. State  
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...

Stephens v. State  
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 en...

Bates v. State  
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 entitle...

Walls v. State  
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 de...

Phillips v. State  
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 Suprem...

The Florida Bar v. Ian James Christensen
Date: January 18, 2018
Docket Number: SC16-1081
Quince v. State  
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. 921.1...

Quince v. State  
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 burgla...

Morris v. State  
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 Suprem...

Lopez v. Hall  
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 sexu...

Kirkman v. State  
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 b...

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