May 2019 Summaries

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May 8, 2019

SC18-688 Derek Lang Shine, Jr. v. State of Florida

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

Mr. Shine was convicted and sentenced to three years of probation for offenses related to selling cocaine. This sentence was imposed in accordance with a plea agreement between Mr. Shine and the State of Florida, and it constituted a downward departure from what would otherwise be the lowest permissible sentence under the Criminal Punishment Code. Mr. Shine subsequently violated his probation, and the trial court imposed another downward departure sentence. The State of Florida appealed the violation of probation sentence to the Third District Court of Appeal, which reversed the trial court, stating the reasoning for the downward departure sentence was invalid. The Third DCA remanded to the trial court for resentencing without a departure. Mr. Shine now asks this Court for review, arguing that the Third DCA’s decision conflicts with decisions of this Court and the other district courts of appeal.

Appearance for Petitioner: Jeffrey P. DeSousa, Asst. Public Defender, Miami, 305-545-1960
Appearance for Respondent: Jonathan Tanoos, Asst. Attorney General, Miami, 305-377-5441

SC18-793 Christopher Sanchez v. Miami-Dade County

Dade County - starts at 9:40 a.m.

Mr. Sanchez was shot and injured at a birthday party held at a Miami-Dade County park. He filed a lawsuit against Miami-Dade County for “negligent security” claiming they failed to provide off-duty police officers to protect the public safety at the event held at the park. The trial court denied the claim concluding in part that the County, as a governmental entity, was immune from suit for the type of claim brought by Mr. Sanchez and thus could not be held responsible for his injuries. The Third District Court of Appeal agreed with the trial court. Mr. Sanchez asks this Court for review arguing the Third DCA’s decision conflicts with a decision from another appellate court.

Appearance for Petitioner: Stephanie V. Graves of Friedman, Rodman & Frank, P.A., Miami, 305-448-8585
Appearance for Respondent: Joni A. Mosely, Asst. County Attorney, Miami, 305-375-5151

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SC18-214 Arthur James Martin v. State of Florida & SC18-1696 Arthur James Martin v. Mark S. Inch, etc.

Duval County - starts at 10:30 a.m.

Mr. Martin was convicted of the first-degree murder of Javon Daniels, who was shot to death in 2009. The jury recommended the death penalty by a vote of 9-3 and the trial court condemned Mr. Martin to death. This Court upheld his conviction and sentence on direct appeal, and Mr. Martin filed a postconviction motion in the trial court. The trial court denied the claims related to Mr. Martin’s guilt phase, but granted him a new sentencing proceeding.  Mr. Martin appeals the denial of his guilt-phase claims and has also filed a petition with this Court seeking habeas corpus relief.

Appearance for Appellant/Petitioner: Dawn B. Macready, Asst. CCRC, Tallahassee, 850-487-0922
Appearance for Appellee/Respondent: Lisa A. Hopkins, Asst. Attorney General, Tallahassee, 850-414-3300