FindLaw Opinion Summaries - FL Supreme

Hurst v. State of Florida

Thu, 17 Sep 2009 20:00:02 PDT

(Fla., Constitutional Law, Criminal Law & Procedure, Sentencing) Sentence of defendant convicted of capital murder is vacated and remanded for a new penalty phase proceeding as trial counsel was ineffective in failing to investigate and present evidence of mental mitigation. Trial court's order denying relief as to the remainder of his claims is affirmed.

Winkles v. State of Florida

Fri, 4 Sep 2009 20:00:01 PDT

(Fla., Criminal Law & Procedure, Sentencing) In a capital murder case, circuit court's denial of defendant's post-conviction relief on grounds of ineffective assistance of counsel is affirmed where: 1) defendant's claim that trial counsel provided ineffective assistance during the guilt phase is without merit and insufficiently pleaded as he failed to assert that he would not have pleaded guilty but for counsel's advice about Ring v. Arizona; 2) defendant's claim of ineffective assistance of counsel during the penalty-phase is also without merit as he did not establish that he was induced to waive his penalty-phase jury by trial counsel's advice about Ring; 3) counsel's strategic decision was reasonable and did not amount to deficiency regarding mental health expert; and 4) defendant has failed to demonstrate that counsel should have known that his uncles was available as a penalty-phase witness or that the defendant was prejudiced.

Wright v. State of Florida

Fri, 4 Sep 2009 20:00:01 PDT

(Fla., Criminal Law & Procedure, Evidence, Sentencing) Defendant's first degree murder conviction and other crimes is affirmed where: 1) the trial court did not abuse its discretion in admitting evidence of inextricably intertwined collateral crimes as they were relevant; 2) the defendant knowingly waived his right to a penalty-phase jury, and thus has also waived his Ring challenge. Moreover, where a death sentence is supported by the prior-violent felony aggravating circumstance, Florida's capital-sentencing scheme does not violate Ring; and 3) there is competent, substantial evidence which supports the judgments and sentences entered by the trial court.

Hayward v. State of Florida

Thu, 27 Aug 2009 20:00:02 PDT

(Fla., ) Convictions for first degree murder and other crimes and sentence of death is affirmed where: 1) trial court did not err in admitting evidence as they fall under a hearsay exception, and other evidence admitted in violation of the confrontation clause was harmless beyond a reasonable doubt; 2) there was probable cause to detain and arrest defendant; 3) recorded conversation of defendant from jail was properly admitted and any impact they may have had on the jury during the penalty phase was insignificant; 4) Florida's sentencing scheme is constitutional where a death sentence is supported by the prior violent felony aggravating factor and as such, the sentence was proportional.

Sheppard v. Florida

Thu, 27 Aug 2009 20:00:02 PDT

(Fla., Criminal Law & Procedure) Second District's conclusion that the defendant's pro se motion should have been stricken as a nullity in Sheppard v. State is quashed and remanded to trial court where allegations that the lawyer misadvised the defendant, misrepresented the terms of the plea, or coerced the defendant into accepting the plea, creates an adversarial relationship where the lawyer cannot both represent his client and refute the allegations. In narrow circumstances such as these, the defendant has in effect requested discharge of counsel and the pleading should not be stricken as a nullity.

Hayward v. State of Florida

Thu, 27 Aug 2009 20:00:02 PDT

(Fla., Criminal Law & Procedure) Convictions and sentence of death for first degree murder and other crimes is affirmed where: 1) trial court did not err in admitting certain evidence as it fell under a hearsay exception, and other evidence admitted in violation of the confrontation clause was harmless beyond a reasonable doubt; 2) there was probable cause to detain and arrest defendant; 3) recorded conversation of defendant from jail was properly admitted and any impact they may have had on the jury during the penalty phase was insignificant; 4) Florida's sentencing scheme is constitutional where a death sentence is supported by the prior violent felony aggravating factor and as such, the sentence was proportional.

Sheppard v. Florida

Thu, 27 Aug 2009 20:00:02 PDT

(Fla., Criminal Law & Procedure) Second District's conclusion that the defendant's pro se motion should have been stricken as a nullity in Sheppard v. State is quashed and remanded to trial court where allegations that the lawyer misadvised the defendant, misrepresented the terms of the plea, or coerced the defendant into accepting the plea creates an adversarial relationship where the lawyer cannot both represent his client and refute the allegations. In narrow circumstances such as these, the defendant has in effect requested discharge of counsel and the pleading should not be stricken as a nullity.

Pleus v. Crist

Mon, 6 Jul 2009 20:00:01 PDT

(Fla., Constitutional Law) Petition for writ of mandamus compelling the Governor of the State of Florida to fill a vacancy created in the state's Fifth District Court is granted where the Florida Constitution mandates that the Governor appoint a judicial nominee within sixty days of the certification of nominees by the Judicial Nominating Commission. The Governor also lacks authority under the constitution to seek a new list of nominees from the Judicial Nominating Commission and has a mandatory duty to fill the vacancy with an appointment from the list certified to him.

Liberty Counsel v. The Florida Bar Bd. of Governors

Thu, 4 Jun 2009 20:00:02 PDT

(Fla., Ethics & Professional Responsibility, Family Law) In action involving the issue of whether The Florida Bar can permit a voluntary section of the Bar to file an amicus brief in pending litigation related to a Florida law that prohibits homosexuals from adopting children, plaintiff's request for injunctive relief is denied where: 1) the Bar's actions in permitting the Family Law Section to file an amicus brief in support of a trial court ruling that held the law unconstitutional does not violate plaintiff's First Amendment rights, as membership in the section is voluntary and any such advocacy by a section is not funded with compulsory dues; and 2) the Bar's approval of the filing of an amicus brief by a voluntary section does not constitute an ultra vires act as the Bar did not act contrary to any of its rules or policies or rules promulgated by the Florida Supreme Court.

Florida Ass'n of Prof. Lobbyists v. Div. of Legislative Info. Serv.

Fri, 20 Mar 2009 20:00:01 PDT

(Fla., Ethics & Professional Responsibility, Government Law) In a facial challenge to the Florida law regulating and disciplining lobbyists, the Supreme Court of Florida found: 1) the law does not violate Florida's separation of powers doctrine; 2) it was validly enacted by the Florida Legislature; and 3) the law does not infringe on the Florida Supreme Court's jurisdiction to regulate lawyers or the practice of law.

Hojan v. State of Florida

Fri, 27 Feb 2009 20:00:01 PDT

(Fla., Criminal Law & Procedure, Sentencing) Convictions for first-degree murder and other crimes and death penalty sentence are upheld where there was no error under plaintiff's claims, sufficient evidence existed to support the death sentence, and the sentence was proportional.

The Sch. Bd. of Palm Beach County, Florida v. Survivors Charter Sch.

Fri, 27 Feb 2009 20:00:01 PDT

(Fla., Administrative Law, Education Law) In an action involving Florida charter schools and the Administrative Procedure Act, lower court's decision is vacated and remanded where the Legislature did not intend for the procedures of the APA to apply to the immediate termination of a charter school charter as Florida statutes indicate the proper procedure. The lower court's conclusion that immediate termination under the statute meant less than ninety days is also rejected as contrary to legislative intent.

Bradley v. State of Florida

Thu, 26 Feb 2009 17:00:02 PDT

(Fla., Criminal Law & Procedure, Sentencing) In a clarification of criminal statutes, a defendant's nolo contendere plea may constitute an express waiver of a defective charging document when he stipulates to facts which include any missing element and voluntarily pleads to a sentence that incorporates the missing element.

Bradley v. State of Florida

Thu, 26 Feb 2009 17:00:02 PDT

Bradley v. State of Florida

Thu, 26 Feb 2009 17:00:02 PDT