Justia Criminal Law Opinion Summaries

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 requests for relief submitted by Petitioner unless such filings were signed by a member in good standing of The Florida Bar.In 2006, Petitioner was convicted of several criminal offenses and sentenced to thirty years’ imprisonment. The court of appeal affirmed. Since then, Petitioner demonstrated a pattern of vexatious filing of meritless pro se requests for relief in the Supreme Court. The Supreme Court dismissed the instant petition for writ of habeas corpus filed in 2017 as unauthorized pursuant to Baker v. State, 878 So. 2d 1236 (Fla. 2004), and expressly retained jurisdiction to consider the imposition of sanctions. The court subsequently determined that Petitioner had abused this court’s limited judicial resources, sanctioned Petitioner, and found the petition filed in this case was a frivolous proceeding filed by a state prisoner. View "Hickmon v. Jones" on Justia Law

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 conference was harmless error and that no evidentiary hearing was required because the motion was legally insufficient on its face and refuted by the record. Further, the trial court did not err by summarily denying Appellant’s claim based on newly discovered evidence and Brady v. Maryland, 373 U.S. 83 (1963). View "Sochor v. State" on Justia Law

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 conference was harmless error and that no evidentiary hearing was required because the motion was legally insufficient on its face and refuted by the record. Further, the trial court did not err by summarily denying Appellant’s claim based on newly discovered evidence and Brady v. Maryland, 373 U.S. 83 (1963). View "Sochor v. State" on Justia Law

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, 208 So. 3d 60 (Fla. 2016), holding that Defendant was entitled to a new trial pursuant to Walton.A jury found Defendant guilty of attempted second-degree murder and other offenses. On appeal, Defendant argued that the trial court fundamentally erred by failing to instruct the jury on the necessarily lesser included offense of attempted manslaughter by act. The First District rejected Defendant’s claims and affirmed her convictions and sentences. The Supreme Court quashed the decision below, holding that, like Walton, the trial court’s failure to give the attempted manslaughter by act instruction constituted fundamental error. The court remanded the case to the First District for further proceedings. View "Roberts v. State" on Justia Law

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, 208 So. 3d 60 (Fla. 2016), holding that Defendant was entitled to a new trial pursuant to Walton.A jury found Defendant guilty of attempted second-degree murder and other offenses. On appeal, Defendant argued that the trial court fundamentally erred by failing to instruct the jury on the necessarily lesser included offense of attempted manslaughter by act. The First District rejected Defendant’s claims and affirmed her convictions and sentences. The Supreme Court quashed the decision below, holding that, like Walton, the trial court’s failure to give the attempted manslaughter by act instruction constituted fundamental error. The court remanded the case to the First District for further proceedings. View "Roberts v. State" on Justia Law

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 decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). San Martin was sentenced to death following a jury’s unanimous recommendation for death by a vote of nine to three. San Martin’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to San Martin’s sentence of death and, accordingly, affirmed the denial of San Martin’s motion. View "San Martin v. State" on Justia Law

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 decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). San Martin was sentenced to death following a jury’s unanimous recommendation for death by a vote of nine to three. San Martin’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to San Martin’s sentence of death and, accordingly, affirmed the denial of San Martin’s motion. View "San Martin v. State" on Justia Law

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 decision in Hurst v. Florida, 577 U.S. ___ (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Raleigh was sentenced to death on two counts of first-degree murder following a jury’s unanimous recommendation for death on both counts. Raleigh’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to Raleigh’s sentence of death and, accordingly, affirmed the denial of Raleigh’s motion. View "Raleigh v. State" on Justia Law

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 decision in Hurst v. Florida, 577 U.S. ___ (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Raleigh was sentenced to death on two counts of first-degree murder following a jury’s unanimous recommendation for death on both counts. Raleigh’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to Raleigh’s sentence of death and, accordingly, affirmed the denial of Raleigh’s motion. View "Raleigh v. State" on Justia Law

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 decision in Hurst v. Florida, 577 U.S. ___ (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Pope was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Pope’s sentence of death became final in 1984. The Supreme Court held that Hurst did not apply retroactively to Pope’s sentence of death and, accordingly, affirmed the denial of Pope’s motion. View "Pope v. State" on Justia Law