June 2019 Case Summaries

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June 5, 2019

SC18-2060 Inquiry Concerning a Judge, Dennis Daniel Bailey (No. 18-352)

Broward County - starts at 9:00 a.m.

Circuit Judge Dennis Bailey has been summoned before the Court to receive a public reprimand for misconduct.

SC16-1323 The Florida Bar v. Jose Maria Herrera

Starts about 9:10 a.m.

In this attorney discipline case, a judge serving as a referee concluded that Mr. Herrera was guilty of eighteen violations of the Rules Regulating the Florida Bar, the ethical standards governing lawyers. The judge-referee recommends that this Court disbar Mr. Herrera for ten years. The Florida Bar supports that recommendation. Mr. Herrera challenges the denial of various motions during his hearing, the findings of fact and discipline recommendation by the referee. Mr. Herrera argues the appropriate discipline is a suspension of no more than 90 days and probation.

Appearance for Complainant: Jennifer R. Falcone, Miami, 305-377-4445
Appearance for Respondent: Herman J. Russomanno III of Russomanno & Borrello, P.A., Miami, 305-373-2101

SC18-973 Wayne C. Doty v. State of Florida

Bradford County - starts about 9:40 a.m.

Mr. Doty was serving a life sentence for the killing of his former employer when he was indicted for the 2011 killing of another inmate, Xavier Rodriguez.  Mr. Doty pleaded guilty to murder, and the jury voted 10-2 to recommend a death sentence. On direct appeal, this Court affirmed his conviction and death sentence. Mr. Doty was later granted a new penalty phase in accordance with this Court’s decision in Hurst v. State. At the conclusion of the new penalty phase, the jury unanimously recommended that Mr. Doty be sentenced to death. The trial court confirmed his second death sentence, and this appeal followed.

Appearance for Appellant: Barbara J. Busharis, Asst. Public Defender, Tallahassee, 850-606-8500
Appearance for Appellee: Jennifer A. Donahue, Asst. Attorney General, Tallahassee, 850-414-3300

--10 minute break--

SC18-655 State of Florida v. John Pacchiana

Broward County - starts about 10:30 a.m.

Mr. Pacchiana was charged with first-degree murder and conspiracy to commit first-degree murder. The jury found Mr. Pacchiana guilty of all charges, and he was sentenced to life imprisonment. Mr. Pacchiana appealed to the Fourth District Court of Appeal arguing that the trial court improperly allowed the removal of an African American juror. The Fourth DCA concluded that the removal of the juror was unconstitutional and sent the case back to the trial court. The State of Florida asks this Court for review.

Appearance for Petitioner: Melanie D. Surber, Asst. Attorney General, West Palm Beach, 561-837-5000
Appearance for Respondent: Fred Haddad of Fred Haddad, PA, Ft. Lauderdale, 954-467-6767