May 2010
SC05-859 – Manual Antonio Rodriquez vs. State of Florida
FSC affirmed denial of 3.851 Motion.
SC07-1314 – Manual Antonio Rodriquez vs. Walter A. McNeil, etc.
Petition for Writ of Habeas Corpus denied.
SC08-573 – Alan Lyndell Wade vs. State of Florida
Wade made the following claims in his Direct Appeal: (1) Death sentences are disproportionate to codefendant, (2) Prosecutor’s statements, (3) Denial of motion for mistrial, Furman v. Georgia, (4) Denial of the defense motion to disallow the death penalty, (5) Dismissal of potential juror, and (6) Roper v. Simmons.
The FSC affirmed Wade’s convictions and sentences.
SC08-1882 – Galante Romer Phillips vs. State of Florida
Phillips made the following claims in his Direct Appeal: (1) Avoid arrest aggravator, (2) Jury instructions during the penalty phase, (3) Death sentence is not proportionate, and (4) Jury panel was not stricken or new trial was not granted after some jurors observed the defendant wearing shackles, handcuffs, and a jail uniform.
The FSC affirmed Phillips’ conviction and sentence.
SC10-275 – Gregory Keith Capeheart vs. State of Florida
3.851 Appeal was dismissed without prejudice and returned to Circuit Court.
SC08-965 – Kirk Douglas Williams vs. State of Florida
Williams made the following claims in his Direct Appeal: (1) Cold, calculated, and premeditation aggravator, (2) Avoid arrest aggravator, (3) Heinous, atrocious, and cruel aggravator, (4) Pecuniary gain aggravator, (5) Failure to find mitigating factor regarding drug use at the time of homicide, (6) No valid aggravating circumstances exist, and (7) Ring v. Arizona.
The FSC vacated Williams’ death sentence and remanded his case for imposition for life imprisonment without the possibility of parole.
SC08-975 – James Daniel Turner vs. State of Florida
Turner made the following claims 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 Turner’s convictions and sentences.
SC07-2368 – Blaine Ross vs. State of Florida
Ross made the following claims in his Direct Appeal: (1) Denial of the motion to suppress defendant’s statements, (2) Allowance of the State to introduce statement, (3) The State failed to demonstrate the qualifications of the FDLE serologist, (4) The circumstantial evidence is insufficient to prove robbery and premeditation, and (5) Death penalty is disproportionate.
The FSC reversed convictions and sentences and remanded the case for a new trial.
SC08-2075 – Kenneth Allen Stewart vs. State of Florida
FSC affirmed denial of 3.851 Motion.
SC09-814 – Kenneth Allen Stewart vs. State of Florida
Petition for Writ of Habeas Corpus denied.
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