Supreme Court of Florida _ No. SC19-726 _ ROBERT JOE LONG, Appellant, vs. STATE OF FLORIDA, Appellee. May 17, 2019 PER CURIAM. Robert Joe Long a/k/a Bobby Joe Long, a prisoner under sentence of death and an active death warrant, appeals the postconviction court’s order denying his third successive motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851. We have jurisdiction, see art. V, § 3(b)(1), Fla. Const., and affirm for the reasons below. BACKGROUND Long...
Supreme Court of Florida _ No. SC19-7 _ LARRY R. WETZEL, Petitioner, vs. STATE OF FLORIDA, Respondent. June 6, 2019 PER CURIAM. This case is before the Court on the pro se petition of Larry R. Wetzel for a writ of quo warranto. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated March 4, 2019, we dismissed Wetzel’s petition pursuant to Logan v. State, 846 So. 2d 472 , 479 (Fla. 2003). See Wetzel v. State, No. SC19-7 (Fla. Mar. 4, 2019). Concurrent with the dismissal of the...
Supreme Court of Florida _ No. SC19-552 _ SCOTT J. ISRAEL, SHERIFF, Appellant, vs. RON DESANTIS, GOVERNOR, Appellee. April 23, 2019 LAGOA, J. Scott J. Israel (“Israel”), the Sheriff of Broward County, Florida, appeals the circuit court’s dismissal of his petition for writ of quo warranto, challenging Governor Ron DeSantis’s authority to suspend him from office in Executive Order 19-14. Israel appealed the circuit court’s order to the Fourth District Court of Appeal, which certified the appeal...
Supreme Court of Florida _ No. SC19-549 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-04. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize new and amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending standard criminal jury instructions 10.7(a) (...
Supreme Court of Florida _ No. SC19-533 _ IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.230. July 11, 2019 PER CURIAM. The Court, on its own motion, amends Florida Rule of Judicial Administration 2.230(e) (Trial Court Budget Commission; Membership and Organization).1 See Fla. R. Jud. Admin. 2.140(g). The Court published the amendments to rule 2.230 for comment. No comments were filed. The Court now amends that rule as follows. Subdivision (e) of rule 2.230 is amended to provide...
Supreme Court of Florida _ No. SC19-424 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-02. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending the following existing...
Supreme Court of Florida _ No. SC19-419 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-01. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to standard jury instructions 3.6(f) and 3.6(g) and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. In In re Standard Jury Instructions in...
Supreme Court of Florida _ No. SC19-329 _ MARY BETH JACKSON, etc., Petitioner, vs. RON DESANTIS, GOVERNOR, Respondent. April 16, 2019 PER CURIAM. Article IV, section 7(a) of the Florida Constitution authorizes the governor to suspend county officers on several enumerated grounds, including “neglect of duty” and “incompetence.” On January 11, 2019, in Executive Order 19-13, Governor Ron DeSantis invoked that authority and cited those grounds to suspend Mary Beth Jackson, Superintendent of...
Supreme Court of Florida _ No. SC19-287 _ DONALD A. WILLIAMS, Petitioner, vs. MARK S. INCH, etc., Respondent. August 29, 2019 PER CURIAM. This case is before the Court on the petition of Donald A. Williams for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. On May 10, 2019, we denied the instant petition, expressly retained jurisdiction, and ordered Williams to show cause why he should not be barred from filing further pro se pleadings in this Court related to...
Supreme Court of Florida _ No. SC19-253 _ INQUIRY CONCERNING A JUDGE NO. 18-386 RE: ERNEST A. KOLLRA. April 18, 2019 PER CURIAM. In this case, we review the findings and recommendation of the Florida Judicial Qualifications Commission (JQC) concerning misconduct by Judge Ernest Kollra of the Seventeenth Judicial Circuit and a stipulation entered into by Judge Kollra and the JQC. We have jurisdiction. See art. V, § 12, Fla. Const. We approve the parties’ stipulation that Judge Kollra improperly...
Supreme Court of Florida _ No. SC19-2064 _ IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030. December 19, 2019 PER CURIAM. The Court has for consideration an amendment to Florida Rule of Appellate Procedure 9.030(b)(1) (Jurisdiction of District Courts of Appeal; Appeal Jurisdiction) proposed by The Florida Bar’s Appellate Court Rules Committee (ACR Committee). 1 We have jurisdiction2 and amend the rule as proposed. The amendment to subdivision (b)(1)(B) of rule 9.030 is in...
Supreme Court of Florida _ No. SC19-1983 _ IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.692 AND 3.989—2019 FAST-TRACK REPORT. December 19, 2019 PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction 1 and adopt the amendments as proposed. The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a fast-track out-of-cycle report proposing...
Supreme Court of Florida _ No. SC19-185 _ IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES AND STANDARD JURY INSTRUCTIONS IN CONTRACT AND BUSINESS CASES—JOINT REPORT NO. 19-01. August 29, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Civil Cases and the Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases (Committees) have submitted a proposed new model verdict form to be included in section 451 of their respective sets of standard...
Supreme Court of Florida _ No. SC19-164 _ IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES—2019 REGULAR-CYCLE REPORT. December 19, 2019 REVISED OPINION PER CURIAM. The opinion dated November 14, 2019, is withdrawn, and the following revised opinion is substituted in its place. 1 We have for consideration the regular-cycle report of proposed amendments to the Florida Probate Rules (Probate Rules), filed by the Florida Probate Rules Committee (Committee). See Fla. R. Jud. Admin. 2.140(b). We have...
Supreme Court of Florida _ No. SC19-1219 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-07. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions. The Committee asks that the Court authorize the use of amended standard instruction 3.3(a) (Aggravation of a Felony by Carrying a Firearm) and the deletion of instruction 3.3(b) (Aggravation of a Felony...
Supreme Court of Florida _ No. SC19-1184 _ GARY RAY BOWLES, Appellant, vs. STATE OF FLORIDA, Appellee. _ No. SC19-1264 _ GARY RAY BOWLES, Petitioner, vs. MARK S. INCH, etc., Respondent. August 13, 2019 PER CURIAM. Gary Ray Bowles, a prisoner under sentence of death and an active death warrant, appeals the postconviction court’s order summarily denying his successive motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851. We affirm the denial of relief, and we...
Supreme Court of Florida _ No. SC19-1091 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-06. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee filed a report on July 1, 2019, proposing amendments to the...
Supreme Court of Florida _ No. SC19-107 _ IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE. May 23, 2019 PER CURIAM. The Court, according to its exclusive rulemaking authority pursuant to article V, section 2(a) of the Florida Constitution, adopts chapter 2013-107, sections 1 and 2, Laws of Florida (Daubert amendments), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida Statutes, of the Florida Evidence Code to replace the Frye 1...
Supreme Court of Florida _ No. SC19-1063 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-05. December 19, 2019 PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const. On June 27, 2019, the Committee filed a report proposing amendments to existing...
Supreme Court of Florida _ No. SC19-105 _ IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE - 2019 REGULAR-CYCLE REPORT. May 2, 2019 PER CURIAM. We have for consideration the regular-cycle report of The Florida Bar Code and Rules of Evidence Committee (Committee), pertaining to legislative changes to the Florida Evidence Code. See Ch. 2014-35, § 2, Laws of Fla. We have jurisdiction. 1 The amendments before this Court are those enacted by the Florida Legislature prior to the Court having last...
