October 2009

• SC06-378 -- Alex Pagan vs. State of Florida
  Insufficient evidence presented at trial to sustain conviction and to support the trial court's denial of motion for judgment of acquittal; Improper admission of collateral crime evidence; Denial of a motion to suppress physical evidence; Refusal to grant a new trial or to declare a mistrial when the prosecutor improperly bolstered the credibility of a state witness; Trial court erred in admitting recorded hearsay; Denial of motion for a new trial and in upholding the State's challenge to a juror; Trial court abused its discretion in reviewing motion for mistrial and, therefore, erred in refusing to order a new trial; Refusal to grant additional motions for a mistrial; Trial court erred in allowing admission of inappropriate evidence; Denial of a motion for a new trial based on a discovery violation when testimony concerning a voice lineup was permitted; Denial of a motion for mistrial when the prosecutor made an improper golden rule argument in closing argument; Denial of a motion for mistrial when the prosecutor, in closing argument, referred to an item that was not in evidence and highly prejudicial; Admission of inappropriate testimony; Trial court erred in overruling objections and admission of expert opinions; Trial court erred in granting the State's motion for a voice lineup and in allowing testimony relating to the voice lineup to be admitted at trial; Cumulative errors were made; and the death sentence was not proportionate.
• SC07-1327 -- Alex Pagan vs. State of Florida
  Denial of equal protection when prospective jurors were struck from jury because English was not their primary language; and denial of a reliable sentence and verdict because of the jury's diminished role.
• SC06-760 -- Dwight T. Eaglin vs. State of Florida
  Trial court erred in precluding defense counsel from impeaching a State witness and in refusing to admit evidence into the penalty phase; The jury and the trial court were not presented with available mitigation evidence, and the trial court failed to consider all mitigating evidence available in the record; Trial court erred in using defendant's supposed lack of remorse as a factor in sentencing, and in giving an instruction on and finding the CCP aggravator; and constitutionality of the death penalty.
• SC07-1734 -- Paul William Scott vs. State of Florida
  Denial of motion for DNA testing