February 2010

SC08-63 – James Phillip Barnes v. State of Florida
Barnes did not challenge his conviction for first-degree murder, nor his acceptance of the guilty plea. The Court, however, is mandated to review whether there was sufficient evidence to uphold the conviction.

Barnes did raise two issues in Direct Appeal: (1) violation of the Sixth Amendment, and (2) consideration of the Comprehensive Presentence Investigation Report (PSI) over objection.

The Florida Supreme Court also conducted a review on the proportionality of the death sentence, even though Barnes did not challenge this issue.

The Florida Supreme Court affirmed Barnes’ conviction and sentence.

SC10-118 – Martin Edward Grossman v. State of Florida
The Florida Supreme Court affirmed the denial of the 3.851 Motion for postconviction relief.

SC07-2297 – Derrick McLean v. State of Florida
McLean raised four claims in Direct Appeal: (1) admission of photographic and live lineup identifications when law enforcement did not offer assistance of counsel, (2) a portion of the Nelson hearing held in camera, outside defendant’s presence, (3) jury instructed on the avoid-arrest aggravator, and (4) proportionality of the death sentence.

The Florida Supreme Court affirmed McLean’s conviction and sentence.

SC06-1998 – Rory Enrique Conde v. State of Florida
The Florida Supreme Court affirmed the denial of the 3.851 Motion for postconviction relief.

SC07-2111 – Alwin Tumblin v. State of Florida
Tumblin raises three guilt phase issues in Direct Appeal: (1) the trial court erred in letting a senior police officer testify to another suspect’s prior consistent statement, (2) abuse of discretion in denying motion for mistrial, and (3) failure to conduct a proper hearing.

The Florida Supreme Court reversed Tumblin’s conviction and remanded his case back to the lower court for a new trial.