Miami-Dade FL and Criminal defense Lawyers | Richard L Poli -- eLawyers

SC11-1338 Ahmad R. Milton v. State of Florida (2014)

Supreme Court of Florida Filed: Nov. 20, 2014

Supreme Court of Florida _ No. SC11-1338 _ AHMAD R. MILTON, Petitioner, vs. STATE OF FLORIDA, Respondent. [November 20, 2014] PARIENTE, J. This case involves the crime of attempted felony murder, which requires the defendant to commit an “intentional act that is not an essential element of the underlying felony.” § 782.051(1), Fla. Stat. (2006). Specifically, we consider whether the act of discharging a firearm can satisfy the “intentional act” element of attempted felony murder when the underlyi..

SC13-1958 State of Florida v. Michael Perez (2014)

Supreme Court of Florida Filed: Oct. 16, 2014

Supreme Court of Florida _ No. SC13-1958 _ STATE OF FLORIDA, Petitioner, vs. MICHAEL PEREZ, Respondent. [October 16, 2014] PER CURIAM. Following the issuance of the Third District Court of Appeal’s opinion in Perez v. State, 118 So. 3d 298 (Fla. 3d DCA 2013), and upon the State’s motion, the district court certified the following question as one of great public importance: HOW SHOULD MANIFEST INJUSTICE BE DEFINED FOR PURPOSES OF A CLAIM OF NEWLY DISCOVERED EVIDENCE AFTER A GUILTY PLEA Perez v. S..

SC12-1050 James Warmington v. State of Florida (2014)

Supreme Court of Florida Filed: Oct. 16, 2014

Supreme Court of Florida _ No. SC12-1050 _ JAMES WARMINGTON, Petitioner, vs. STATE OF FLORIDA, Respondent. [October 16, 2014] PARIENTE, J. The conflict issue in this case concerns whether testimony elicited by the State during a criminal trial involving a defendant’s failure to produce exculpatory evidence impermissibly shifted the burden of proof from the State to the defendant. In Warmington v. State, 86 So. 3d 1188 , 1192 (Fla. 3d DCA 2012), the Third District Court of Appeal held that such te..

SC12-1277 Josue Cotto v. State of Florida (2014)

Supreme Court of Florida Filed: May 15, 2014

Supreme Court of Florida _ No. SC12-1277 _ JOSUE COTTO, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 15, 2014] LEWIS, J. Josue Cotto seeks review of the decision of the Third District Court of Appeal in Cotto v. State, 89 So. 3d 1025 (Fla. 3d DCA 2012), on the basis that the Third District certified that its decision is in conflict with the decision of the Fifth District Court of Appeal in Williams v. State, 10 So. 3d 1116 (Fla. 5th DCA 2009). We have jurisdiction. See art. V, § 3(b)(3), Fl..

SC12-854 Tyrone Jordan v. State of Florida (2014)

Supreme Court of Florida Filed: Apr. 10, 2014

Supreme Court of Florida _ No. SC12-854 _ TYRONE JORDAN, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 10, 2014] QUINCE, J. This case is before the Court for review of the decision of the Third District Court of Appeal in Jordan v. State, 83 So. 3d 910 (Fla. 3d DCA 2012). In a subsequent order, the district court amended its opinion to certify the following question of great public importance: WHETHER THE CONCURRENT SENTENCE DOCTRINE SET FORTH IN FRIZZELL V. STATE, 238 So. 2d 67 (Fla. 1970..

SC12-2501 Amy Hinman v. State of Florida (2014)

Supreme Court of Florida Filed: Jan. 16, 2014

Supreme Court of Florida _ No. SC12-2501 _ AMY HINMAN, Petitioner, vs. STATE OF FLORIDA, Respondent. [January 16, 2014] PER CURIAM. We initially accepted jurisdiction to review the decision of the Third District Court of Appeal in State v. Hinman, 100 So. 3d 220 (Fla. 3d DCA 2012), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dis..

1D10-2376 McDole v. State (2010)

District Court of Appeal of Florida Filed: Nov. 02, 2010 Citations: 46 So. 3d 1154

46 So. 3d 1154 (2010) James McDOLE, Appellant, v. STATE of Florida, Appellee. No. 1D10-2376. District Court of Appeal of Florida, First District. November 2, 2010. James McDole, pro se, Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Special Counsel Criminal Appeals, Tallahassee, for Appellee. PER CURIAM. After reviewing the state's response to this Court's show cause order, we conclude that the appellant's rule 3.853 motion is facially sufficient. See Fla. R.Crim. P. *1155 3..

2D10-1139 Relinger v. Fox (2011)

District Court of Appeal of Florida Filed: Feb. 09, 2011 Citations: 55 So. 3d 638

55 So. 3d 638 (2011) Robert Reed RELINGER, as Personal Representative of the Estate of Robert B. Fox, Petitioner, v. Beverly A. FOX; Russell A. Fox; and Citigroup Global Markets, Inc. d/b/a Citi Smith Barney, Respondents. No. 2D10-1139. District Court of Appeal of Florida, Second District. February 9, 2011. *639 Randee S. Schatz of Randee S. Schatz, P.A., Palm Beach, and Kenni F. Judd of Kenni Judd, P.A., Palm Beach Gardens, for Petitioner. James V. Lobozzo, Jr., of McClure & Lobozzo, Sebring, fo..

SC08-2001 Del Valle v. State (2011)

Supreme Court of Florida Filed: Dec. 15, 2011 Citations: 80 So. 3d 999

80 So. 3d 999 (2011) Carlos DEL VALLE, Petitioner, v. STATE of Florida, Respondent. No. SC08-2001. Supreme Court of Florida. December 15, 2011. Rehearing Denied February 13, 2012. *1001 Carol J. Martinez, Public Defender, and Shannon Patricia McKenna, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Thomas H. Duffy and Heidi Milan Caballero, Assistant Attorneys General, Miami, FL, f..

SC09-966 Johnson v. State (2011)

Supreme Court of Florida Filed: Jan. 27, 2011

53 So. 3d 1003 (2010) Aundra JOHNSON, Petitioner, v. STATE of Florida, Respondent. No. SC09-966. Supreme Court of Florida. October 7, 2010. As Revised on Denial of Rehearing January 27, 2011. *1004 Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner. Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, and Nicholas Merlin, Assistant Attorneys General, Miami, FL, for Respondent. PER CUR..

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