June 2010

SC08-287 – Lionel Michael Miller v. State of Florida
Miller raised the following issues in his Direct Appeal: (1) Double jeopardy; (2) Cold, calculated premeditation aggravator; (3) Death penalty is disproportionate; (4)Ring v. Arizona; and (5) Sufficiency of evidence.

The FSC affirmed Miller's convictions and sentences.

SC08-1741 – Donald Lenneth Banks v. State of Florida
Banks raised the following issues in his Direct Appeal: (1) Denial of a cause challenge to a prospective juror; (2) Allowing the State to exercise peremptory challenges against two African-Americans; (3) Admission of DNA results without requiring the presentation of statistical evidence; (4) Denial of a motion for mistrial; (5) Presentation of a video of the defendant committing an armed robbery; and (6) Cold, calculated, and premeditated aggravator.

The FSC affirmed Bank's convictions and sentences.

SC08-1033 – Paul Anthony Brown v. State of Florida
FSC affirmed denial of 3.851 Motion.

SC07-1353 – Robert J. Trease v. State of Florida
FSC affirmed denial of 3.851 Motion.

SC08-792 – Robert J. Trease v. Walter McNeil, etc.
FSC denied Petition for Writ of Habeas Corpus.

SC07-1375 – Victor Caraballo v. State of Florida
Caraballo raised the following issues in Direct Appeal: (1) Violation of Fourth and Fourteenth Amendment rights; (2) Violation of Miranda rights; (3) Improper prosecutorial comments; (4) Due process; (5) Expert testimony to evaluate competence; (6) Mental retardation; (7)Ring v. Arizona; (8) Cumulative effect of errors during trial; and (9) Proportionality of death sentence.

FSC reversed Caraballo's death sentence and remanded case for a new trial.

SC08-1129 – Khalid Ali Pasha v. State of Florida
Pasha raised the following issue in Direct Appeal: (1) Faretta v. California, the trial court erred in determining that his request to proceed pro se was equivocal.

The FSC reversed Pasha's convictions for first-degree murder and vacated his sentences of death.