Justia Constitutional Law Opinion Summaries

The Supreme Court affirmed Defendant's convictions for first-degree murder but reversed his sentence of death and remanded for the limited purpose of resentencing and a new sentencing order, holding that the trial court improperly relied on facts not in the record in sentencing Defendant to death.Specifically, the Supreme Court held (1) the trial court impermissibly relied on non record evidence from the trial of Defendant's codefendant in finding that Defendant was the shooter in this case and sentencing him to death; and (2) Defendant was not entitled to relief on his remaining claims of error. The Supreme Court remanded the case for the limited purpose of requiring the trial court to perform a new sentencing evaluation and provide a new sentencing order. View "Cruz v. State" on Justia Law

The Supreme Court affirmed the sentence of death that was imposed at Defendant's resentencing for the first-degree murder of Seath Jackson, holding that Defendant's claims of error were unavailing.The Supreme Court previously affirmed Defendant's conviction for first-degree murder with a firearm but vacated his sentence of death and remanded for a new penalty phase based on Hurst v. State, 202 So. 3d 40 (Fla. 2016). After a new penalty phase, the judge again imposed a sentence of death. The Supreme Court affirmed, holding (1) the State was not precluded from seeking the death penalty; (2) Defendant's argument that the court erred in allowing evidence of post-death acts was not adequately preserved for review; (3) the circuit court did not abuse its discretion in assigning little or no weight to mental mitigation factors; (4) the circuit court properly considered Defendant's age and certain other mitigating circumstances; and (5) the death sentence was not disproportionate. View "Bargo v. State" on Justia Law

The Supreme Court held that an initiative petition circulated pursuant to Fla. Const. art. XI, 3 was affirmatively misleading and that the proposed initiative should not be placed on the ballot.At issue was an initiative petition sponsored by Sensible Florida, Inc. entitled "Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions." The Attorney General asked whether the proposed amendment complied with the constitutional single-subject requirement and whether the ballot title and summary complied with the clarity requirements of FLa. Stat. 101.161(1). The Supreme Court held that certain language in the ballot summary was affirmatively misleading and failed to comply with section 101.161(1) and should not be placed on the ballot. View "Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, & Other Restrictions" on Justia Law

The Supreme Court affirmed Defendant's conviction for first-degree murder and his sentence of death, holding that Defendant's claims on appeal failed.Specifically, the Supreme Court held (1) the trial court's failure to renew an offer of counsel before commencing the penalty phase did not constitute fundamental error because the trial court cured the error; (2) no error occurred as a result of the prosecutor's statement that he would ask the jury to return a recommendation of death; (3) a challenged guilt-phase instruction was in error, but the error was not fundamental; (4) Defendant waived his claim that a Fifth Amendment violation occurred; (5) the trial court did not err in instructing the penalty-phase jury; and (6) the evidence was sufficient to support the conviction. View "Allen v. State" on Justia Law

The Supreme Court quashed the decision of the First District Court of Appeals partially upholding a temporary injunction that prohibited enforcement of certain statutory provisions relating to the regulation of medical marijuana treatment centers, holding that Appellant had not demonstrated a substantial likelihood of success on the merits of any of its constitutional claims.The temporary injunction at issue was entered during a pending lawsuit filed by Appellant. The lawsuit included constitutional challenges to Fla. Stat. 381.986(8), claiming that two provisions were inconsistent with the recent medical marijuana amendment to Fla. Const. art. X, 29. Appellant also argued that three provisions of section 381.986(8) were special laws granting privileges to private corporations. The trial court agreed as to every argument and entered a temporary injunction. The First District partially upheld the injunction. The Supreme Court quashed the decision below, holding that Appellant did not have a substantial likelihood of success on the merits of its challenges to section 381.986(8). View "Florida Department of Health v. Florigrown, LLC" on Justia Law

The Supreme Court affirmed the sentence of death imposed on Defendant after a new penalty phase ordered by the Supreme Court, holding that there was no error in the proceedings below.Defendant was convicted of first-degree murder. The trial court sentenced Defendant to death. The Supreme Court remanded for a new penalty phase pursuant to Hurst v. State, 202 So. 3d 40 (Fla. 2016), after, after a new penalty phase, the jury returned a unanimous verdict recommending that Defendant be sentenced to death. The trial court sentenced Defendant to death. The Supreme Court affirmed, holding that Defendant failed to show error, much less prejudicial error. View "Deviney v. State" on Justia Law

The Supreme Court struck a proposed amendment that would add a new section to Fla. Const. art. X, 33, holding that the language in the ballot summary indicating that the proposed qualifiedly "[p]ermits" the use and distribution of recreational marijuana was affirmatively misleading.The Attorney General petitioned the Supreme Court for an advisory opinion regarding the validity of an initiative petition titled "Adult Use of Marijuana." At issue was whether the proposed amendment complied with the single-subject requirement of Fla. Const. art. XI, 3 and whether the ballot title and summary complied with the clarity requirements of Fla. Stat. 101.161(1). The Supreme Court struck the proposed amendment, holding that the initiative petition was clearly and conclusively defective on the ground that the ballot summary failed to comply with Fla. Stat. 101.161. View "Advisory Opinion to Attorney General Re: Adult Use of Marijuana" on Justia Law

The Supreme Court affirmed Defendant's convictions of first-degree murder, sexual battery of a person under twelve years old, and kidnapping, and the imposition of the death penalty, holding that there was no prejudicial error in this case.Specifically, the Supreme Court held (1) the trial court did not commit fundamental error in failing to grant Defendant's motion for change of venue; (2) the trial court did not abuse its discretion in denying Defendant's motion for a mistrial on account of the interruption to the testimony of the state's expert; (3) the trial court did not abuse its discretion in denying Defendant's motion to exclude autopsy photographs during certain testimony; (4) Defendant was not entitled to relief on his claim that the state made inappropriate comments in its opening statement and in closing argument; and (5) there was no cumulative error in this case. View "Smith v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and his sentence of death, holding that Defendant failed to demonstrate any reversible error.Defendant pleaded guilty to first-degree murder and was sentenced to death. Defendant appealed, raising ten allegations of error. The Supreme Court affirmed, holding (1) the trial court did not err in allowing Defendant to represent himself during trial; (2) the trial court did not err in accepting Defendant's guilty plea; (3) the trial properly renewed the offer of counsel at all critical stages of the proceedings; (4) there was no reversible error in the trial court's findings on the statutory aggravators alleged by the State and on certain statutory and non statutory mitigators; (5) any error in the trial court's inclusion of a sentencing recommendation in the presentence investigation report did not rise to the level of fundamental error; and (6) Defendant was not entitled to relief on his remaining allegations of error. View "Woodbury v. State" on Justia Law

The Supreme Court struck in its entirety an amendment to the Hillsborough County Charter adopted in an initiative election that approved a transportation surtax and directives for allocating the tax proceeds, holding that the spending directives were unconstitutional.The charter amendment at issue enacted a one percent transportation sales surtax and included various provisions governing the use and distribution of the tax's proceeds. Here, the Supreme Court reviewed the circuit court's judgment validating the Hillsborough County Commission's authorization of the issuance of bonds to be funded by a portion of the proceeds of the surtax. The Supreme Court reversed the judgment of the circuit court to the extent that it upheld the validity of any portion of the amendment, holding that core provisions of the amendment were inconsistent with the surtax statute and because the invalid provisions and the remaining provisions of the amendment form an interlocking plan, the amendment was unconstitutional in its entirety. View "Emerson v. Hillsborough County" on Justia Law