Scull v. State, No. 73687

CourtUnited States State Supreme Court of Florida
Writing for the CourtKOGAN; SHAW
Citation569 So.2d 1251
Docket NumberNo. 73687
Decision Date08 November 1990
Parties15 Fla. L. Weekly S591 Jesus SCULL, Appellant, v. STATE of Florida, Appellee.

Page 1251

569 So.2d 1251
15 Fla. L. Weekly S591
Jesus SCULL, Appellant,
v.
STATE of Florida, Appellee.
No. 73687.
Supreme Court of Florida.
Nov. 8, 1990.

Calianne P. Lantz, Sp. Asst. Public Defender, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., Miami, for appellee.

KOGAN, Justice.

Jesus Scull appeals from a resentencing hearing in which the trial court imposed a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Page 1252

The facts of this case are recited in Scull's first appeal to this Court. Scull v. State, 533 So.2d 1137 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989). There, we found the trial court's initial sentencing order "replete with error" and remanded for a new sentencing proceeding. Id. at 1143-44. Before it had even received this Court's mandate, however, the trial court below held the new proceeding on December 28, 1988, during the Christmas holidays, only three weeks after we denied rehearing. Since it was error to conduct the hearing before receipt of the mandate, the trial court held a second hearing on December 30, 1988, after the mandate had arrived.

Scull's counsel was taken by surprise by this rush to resentence her client. Returning from a Christmas vacation on December 27, 1988, she learned of the resentencing hearing and telephoned the prosecutor to obtain an explanation. The prosecutor apparently stated that the trial judge was leaving his job and did not wish to "dump" this case on his replacement. The state now concedes that this, in fact, was the trial court's motive.

As a result of this conversation, Scull now asserts that the trial court engaged in ex parte communications with the prosecutor.

After learning of the sudden scheduling of the resentencing, Scull's counsel made a series of motions. She filed a motion asking the trial judge to recuse himself because of alleged prejudice. This prejudice was evinced, she argued, by the trial court's haste in resentencing Scull and by his referring to Scull as a "psychopath" in the first sentencing. Defense counsel also filed a motion for a continuance seeking further time to prepare, and for a one-day stay to file a petition for writ of prohibition in this Court. All motions were denied, and the trial court subsequently resentenced Scull to death. Scull now alleges that the trial court's haste to resentence him violated his due process rights.

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40 practice notes
  • Asay v. State, No. SC16–223
    • United States
    • United States State Supreme Court of Florida
    • December 22, 2016
    ...given to interested parties before judgment is rendered.’ " Huff v. State , 622 So.2d 982, 983 (Fla. 1993) (quoting Scull v. State , 569 So.2d 1251, 1252 (Fla. 1990) ).Here, Asay failed to object to the circuit court's receipt of the public records via e-mail. He also failed to object ......
  • T.L. v. F.M., Case No. 2D18-1089
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 2019
    ...opportunity to be heard in his defense—a right to his day in court—are basic in our system of jurisprudence ...."); Scull v. State, 569 So.2d 1251, 1252 (Fla. 1990) ("The essence of due process is that fair notice and a reasonable opportunity to be heard must be given to intereste......
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...everyone must be given sufficient notice of those matters that may result in a deprivation of life, liberty, or property. Scull v. State, 569 So.2d 1251 (Fla.1990) (on petition for clarification); Franklin, 257 So.2d at 23. For this Page 832 [a] penal statute must be written in language suf......
  • Noel v. State, No. 4D10–1765.
    • United States
    • Court of Appeal of Florida (US)
    • January 3, 2014
    ...harsh without ever giving either defendant the opportunity to explain why they were unable to pay the restitution. 9. In Scull v. State, 569 So.2d 1251 (Fla.1990), the Florida Supreme Court outlined the concept of due process: The essence of due process is that fair notice and a reasonable ......
  • Request a trial to view additional results
40 cases
  • Asay v. State, No. SC16–223
    • United States
    • United States State Supreme Court of Florida
    • December 22, 2016
    ...be given to interested parties before judgment is rendered.’ " Huff v. State , 622 So.2d 982, 983 (Fla. 1993) (quoting Scull v. State , 569 So.2d 1251, 1252 (Fla. 1990) ).Here, Asay failed to object to the circuit court's receipt of the public records via e-mail. He also failed to object wh......
  • T.L. v. F.M., Case No. 2D18-1089
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 2019
    ...an opportunity to be heard in his defense—a right to his day in court—are basic in our system of jurisprudence ...."); Scull v. State, 569 So.2d 1251, 1252 (Fla. 1990) ("The essence of due process is that fair notice and a reasonable opportunity to be heard must be given to interested parti......
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...everyone must be given sufficient notice of those matters that may result in a deprivation of life, liberty, or property. Scull v. State, 569 So.2d 1251 (Fla.1990) (on petition for clarification); Franklin, 257 So.2d at 23. For this Page 832 [a] penal statute must be written in language suf......
  • Noel v. State, No. 4D10–1765.
    • United States
    • Court of Appeal of Florida (US)
    • January 3, 2014
    ...harsh without ever giving either defendant the opportunity to explain why they were unable to pay the restitution. 9. In Scull v. State, 569 So.2d 1251 (Fla.1990), the Florida Supreme Court outlined the concept of due process: The essence of due process is that fair notice and a reasonable ......
  • Request a trial to view additional results

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