In the civil law. A man's own heir; a decedent's proper or natural heir. This name ...
Supreme Court of Florida Court Cases
State v. DiGuilio (1986)
Respondent petitions for rehearing of our decision of August 29, 1985, wherein we held that comments on a defendant's silence were subject to harmless error analysis and remanded the case to the district court for application of the harmless error analysis. We reaffirm our holding but grant rehearing in order to apply harmless error analysis and to more fully explicate the application of harmless error. We substitute this opinion for our earlier opinion.
Court: Supreme Court of Florida Docket: 65490
Canakaris v. Canakaris (1980)This is a petition for writ of certiorari to review a decision of the First District Court of Appeal reported at 356 So.2d 858 (Fla. 1st DCA 1978). The district court reversed the trial court's award to the wife of the husband's undivided one-half interest in their marital home as lump sum alimony, the award of permanent periodic alimony, and attorney's fees. We find conflict with Yandell v. Yandell, 39 So.2d 554 (Fla. 1949); Brown v. Brown, 300 So.2d 719 (Fla. 1st DCA 1974); and Calligarich v. [...]
Court: Supreme Court of Florida Docket: 54124
Williams v. State (1959)
Appellant Ralph Williams, who was defendant below, seeks reversal of a judgment of conviction and sentence to death in the electric chair pursuant to a jury verdict finding him guilty of the crime of rape.
Court: Supreme Court of Florida Docket: 29.613
Daniel D. Eckert, Volusia County Attorney, DeLand, Florida; and Richard S. Graham and Carol L. Allen of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., Daytona Beach, Florida, for Appellants.
Court: Supreme Court of Florida Docket: SC95345
Heggs v. State (2000)
Robert A. Butterworth, Attorney General; James W. Rogers and Edward C. Hill, Jr., Assistant Attorneys General, Tallahassee, Florida; and Dale E. Tarpley, Assistant Attorney General, Tampa, Florida, for Appellee.
Court: Supreme Court of Florida Docket: SC93851
Holly v. Auld (1984)
These two cases, seeking review of the same district court opinion and now consolidated, have been certified to us by the Fourth District Court of Appeal as involving the following question of great public importance:
Court: Supreme Court of Florida Docket: 62785, 62778
State v. Dixon (1973)
Tobias Simon, Miami, Jack Greenberg, Jack H. Himmelstein, Elaine R. Jones, Lynn Walker, New York City, Anthony G. Amsterdam, Stanford, Cal., for amicus curiae N.A.A.C.P. Legal Defense and Educational Fund, Inc.
Court: Supreme Court of Florida Docket: 43521, 43460, 43478 and 43473
By petition for writ of certiorari we have for review the decision of the district court of appeal in Barnett Bank of Tallahassee v. Applegate, Case No. HH-210 (Fla. 1st DCA October 17, 1978), which directly conflicts with Okun v. Stuart House Condominium Association, Inc., 362 So.2d 713 (Fla. 3d DCA 1978); Moore v. Sky Realty, Inc., 339 So.2d 299 (Fla. 3d DCA 1976); Steinhauer v. Steinhauer, 336 So.2d 665 (Fla. 4th DCA 1976); Buckalew v. Buckalew, 115 So.2d 564 (Fla. 2d DCA 1959); and Bolick [...]
Court: Supreme Court of Florida Docket: 55345
Spencer v. State (1993)Leonard Spencer appeals his convictions for multiple counts of armed robbery and two counts of first-degree murder and his sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. While the circumstances of the two robbery-murders for which Spencer was tried are egregious, the manner in which this trial was conducted requires that Spencer's convictions be reversed and a new trial granted. The record, on its face, establishes fundamental unfairness in the conduct of the trial, [...]
Court: Supreme Court of Florida Docket: 77430
This cause concerns the constitutional validity of section 768.56, Florida Statutes (1981), which directs the trial court to award a "reasonable attorney's fee" to the prevailing party in a medical malpractice action. It is before us by virtue of our "pass-through" jurisdiction, the Second District Court of Appeal having certified the judgment as involving an issue of great public importance requiring immediate resolution by this Court.
Court: Supreme Court of Florida Docket: 64459
Spera v. State (2007)This case involves a narrow issue of law that begs a broader resolution. It stems from our decision in Nelson v. State, 875 So.2d 579, 581 (Fla.2004), where we held that a defendant claiming ineffective assistance of counsel for failing to call witnesses at trial must allege that the witness was available to testify. We allowed the defendant to amend the claim to add such an allegation. In the case under review, the Fourth District Court of Appeal applied Nelson narrowly, holding that it [...]
Court: Supreme Court of Florida Docket: SC06-1304
AFTER EDUCATION DEVELOPMENT CENTER, INC. v. CITY OF WEST PALM BEACH, 541 So.2d 106 (Fla. 1989), DOES THE STANDARD OF REVIEW IN COMBS v. STATE, 436 So.2d 93 (Fla. 1983), STILL GOVERN A DISTRICT COURT OF APPEAL WHEN IT REVIEWS, PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030(b)(2)(B), AN ORDER OF A CIRCUIT COURT ACTING IN ITS REVIEW CAPACITY OVER A COUNTY COURT?
Court: Supreme Court of Florida Docket: 84243
Richardson v. State (1971)
We granted certiorari to the District Court of Appeal, Second District of Florida, to review the decision of that court which affirmed the judgment of the Hillsborough County Criminal Court of Record convicting the petitioner of the crime of arson following jury trial. Richardson v. State, Fla.App., 233 So.2d 868.
Court: Supreme Court of Florida Docket: 39692
Pagan v. State (2002)
We have on appeal two judgments for first-degree murder and two sentences of death imposed on Alex Pagan. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm both the convictions and sentences.
Court: Supreme Court of Florida Docket: SC94365
Baker v. State (2004)Petitioners Darrell Baker, Deryl Brooks, and Jamie Edward Sly have filed petitions for writs of habeas corpus, see art. V, § 3(b)(9), Fla. Const., collaterally attacking their noncapital convictions for various crimes committed in this state. We consolidate these cases for purposes of this opinion and dismiss the petitions as unauthorized. We further take this opportunity to explain how we will dispose of petitions for writs of habeas corpus filed by noncapital defendants seeking relief that [...]
Court: Supreme Court of Florida Docket: SC02-775, SC02-1071, SC02-1094
Tedder v. State (1975)
This case is here on direct appeal from the Hernando County Circuit Court. Appellant was convicted by a jury of first degree murder and sentenced by the trial judge to death. We have jurisdiction pursuant to Article V, § 3(b)(1) of the Florida Constitution (1973).
Court: Supreme Court of Florida Docket: 46267
We review Parthnais v. Venetian Salami Co., 538 So.2d 532 (Fla. 1st DCA 1989), because of conflict with Unger v. Publisher Entry Service, Inc., 513 So.2d 674 (Fla. 5th DCA 1987), review denied, 520 So.2d 586 (Fla. 1988); Scordilis v. Drobnicki, 443 So.2d 411 (Fla. 4th DCA 1984); and Osborn v. University Society, Inc., 378 So.2d 873 (Fla.2d DCA 1979). We have jurisdiction under article V, section 3(b)(3), of the Florida Constitution.
Court: Supreme Court of Florida Docket: 73848
State v. Law (1989)
Robert A. Butterworth, Atty. Gen., and Maria Ines Suber, Gregory G. Costas, Bradford L. Thomas, Asst. Attys. Gen., and Richard E. Doran, Asst. Atty. Gen., Acting Director, Crim. Div., Tallahassee, for petitioner.
Court: Supreme Court of Florida Docket: 69976
Huff v. State (1993)
James Roger Huff, a prisoner under sentence of death, appeals the trial court's summary denial of his motion to vacate judgment and sentence filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution.
Court: Supreme Court of Florida Docket: 79276
State v. Spencer (1999)
We have for review the opinion in Spencer v. State, 717 So.2d 95 (Fla. 1st DCA 1998), which certified conflict with the opinion in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
Court: Supreme Court of Florida Docket: 93,795