December 2009

• SC07-1234 - Steven Douglas Hayward vs. State of Florida
  Improper admission of the victim's statements and violation of the Confrontation Clause; Violation of Fourth Amendment rights; Introduction of the recorded jail conversations between the defendant and his girlfriend were more prejudicial than probative; Prosecutorial misconduct; Insufficient evidence concerning the identity of the shooter; Insufficient evidence as to whether a robbery was actually accomplished; Insufficient evidence establishing premeditation; the standard jury instruction on premeditation is insufficient; Ring v. Arizona; Constitutionality of death penalty.
• SC07-1234 - Steven Douglas Hayward vs. State of Florida
  Denial of Rehearing
• SC05-1848 - Marshall Lee Gore vs. State of Florida
  Competency of defendant during trial court proceedings; The trial court erred in finding that the defendant waived his allegations of ineffective assistance of counsel during sentencing and in finding that the defendant voluntarily waived an evidentiary hearing on his claim of ineffective assistance during the Spencer hearing; Refusal to allow postconviction counsel complete and unfettered access to available public records or sufficient time for a full investigation into the records made available; Failure to conduct a cumulative error analysis that fully considered allegations of constitutional error; The trial court erred in striking initial postconviction motion without permission for leave to amend; Denial of claims I, II, III, V, VI, IX and X was in error; Ring v. Arizona; and defendant cannot be executed due to his mental state.
• SC05-1848 - Marshall Lee Gore vs. State of Florida
  Denial of Rehearing
• SC06-2090 - Troy Victorino vs. State of Florida
  Denial of pretrial motion to suppress DNA samples and nail scrapings; Denial of motion to suppress physical evidence seized from defendant's residence; Denial of motion to sever trial from that of the two codefendants; Admitted evidence of uncharged misconduct; Use of the "—" and/or "||" conjunction between the names of the codefendants when instructing the jury; Moving the venue of the trial; Denial of request for additional peremptory challenges; Denial of motion for mistrial when codefendant testified; Denial of motion for judgment of acquittal; Denial of due process in arrest and service of the warrant; Admission of irrelevant evidence; Constitutionality and applicability of HAC and CCP aggravators; Mental health mitigator applies; Sentence is disproportionate to those of the codefendants; Constitutionality of death penalty; Cumulative errors were made.
• SC06-747 - Joseph Smith vs. State of Florida
  DNA lab results introduced without the testimony of person who conducted the tests and obtained the results; Medical examiner gave an opinion that was beyond his competence and invaded the province of the jury as to whether the victim had been sexually assaulted; The trial court erred in not suppressing the appellant's brother's statements; Denial of the appellant's counsel's challenges for cause; Irrelevance of evidence; Impermissible doubling of the sentencing aggravators; Constitutionality of aggravator; Error in finding the aggravating factor that the murder was committed in order to avoid arrest; CCP aggravator; Ruling that the State could cross-examine the appellant's mother and sister on highly prejudicial and irrelevant acts if the mother and/or sister testified on behalf of the appellant at the penalty phase; Right of Allocution; Fourteenth Amendment; and Ring V. Arizona