July 2009

• SCSC05-830 - Leonard Franqui v. State of Florida
  Circuit Court denial reversed and remanded to lower court for new evidentiary hearing
• SC06-1408 - John F. Mosely v. State of Florida
  Due process; Inflammatory and improper remarks of prosecutor; Inclusion of recorded jail conversations; Denial of motion for continuance and for a mistrial; Videotape of shackled defendant delivered to jury room; Ruling on aggravating circumstance; Denial of motion for acquittal; Denial of request for new trial; Denial of request for standard jury instruction; Violates Sixth Amendment and Ring v. Arizona; Constitutionality of Court's comparative proportionality review; Disproportionate sentence; Unconstitutionality of lethal injection
• SC09-1080 - John Richard Marek v. State of Florida
  On third postconviction motion: Constitutional reliability of conviction and sentence; Denial of due process in clemency; Denial of due process in initial postconviction proceedings;
  On fourth postconviction motion: Due process violated, Caperton v. Massey; Ineffective assistance of counsel
• SC06-1572 - Ricardo I. Gill v. State of Florida
  Defendant's mental illness; Disproportionate nature of sentence; Violation of principles set forth in Ring vs. Arizona
• SC06-2375 - Curtis W. Beasley v. State of Florida
  Ineffective counsel: Failure to adequately investigate persons disclosed by discovery, failure to assert objections, inadequate investigation and preparation of mitigating evidence; Improper jury contact; Unconstitutionality of lethal injection; Unconstitutionality of Florida's death-sentencing procedures; Cumulative error
• SC07-648 - Fred Anderson, Jr. v. State of Florida
  Ineffective counsel: Inadequate investigation and presentation of mitigating evidence, failure to seek the jury instruction regarding aggravating factors, failure to make proper objections; Shackling of the defendant at trial; Jury selection; Defendant's mental health
• SC07-1167 - Herman Lindsey v. State of Florida
  Denial of defendant's motion for acquittal
• SC07-2258 - Samuel L. Smithers v. State of Florida
  Ineffective counsel: Ineffective counsel: Inadequate investigation of mitigating evidence; failure to strike a juror, failure to seek exclusion of the defendant's statements, failure to obtain a medical examiner as a defense witness
• SC08-99 - Jeffrey G. Hutchinson v. State of Florida
  Ineffective counsel: failure to present needed evidence; Trial court's denial of the defendant's claims of innocence and conflict of interest