558 So 2d 475

LAWSUIT: JC Studios, LLC v Telenext Media, Inc.

The papers above, in this action by the plaintiff JC Studios, LLC (applicant) for breach of an agreement for the use of space in the studio recording the television during the day "As the World Turns ", accused TeleNext Media, Inc. (TeleNext), formerly known as TeleVest day programs, Inc (TeleVest), and Procter & Gamble Productions, Inc. (Procter & Gamble) (collectively, defendants) move for a order pursuant to CPLR 3211, dismissing the plaintiff's complaint against it in its entirety, and pursuant to 22 NYCRR 130-1.1, punish the plaintiff for allegedly engaging in frivolous behavior.On October 20, 1999, TeleVest concluded an operation by which the applicant has agreed to contribute personnel, services and production facilities in its studios, located at 1268 East 14th Street, Brooklyn, New York, to exclusive use TeleVest producing one hour drama of the day the World Turns, which TeleVest product for Procter & Gamble. After the expiration of this Agreement initial operating and the applicant reached an agreement TeleVest Operating subsequent March 23, 2005, in force from January 1, 2005 (the Operating Agreement in 2005).Section V of the Operating Agreement in 2005 set out its terms, and paragraph (A) of the 2005 operating under the term of such agreement. "Notwithstanding the foregoing, TeleVest may terminate this agreement if the show produced is then being terminated by the network and / or Procter & Gamble on the greater of: (i) at least seven (7) weeks notice in writing, and ... (Ii) the notice provided by the network to TeleVest, where [As the World Turns], or the show then being produced, is terminated by the network and / or Procter & Gamble ..."This paragraph then listed the address of the applicant where such notice would be sent as 11 Fulton Street, 4th Floor, New York, NY 10038, Attention: Jacob Frydman, a copy of the notice must be sent to the applicant in 1268 East 14th Street, Brooklyn, NY 11230 Navy Yard, Attn:. Michael Stiegelbauer This paragraph further provides that such notice could be sent "to any other person [* 3] can be appointed, or the address may be provided by one party to another such as fashion," and the notice "shall be deemed served when received or re [sic] by the party to whom it is addressed."TeleVest exercised its option to renew the Operating Agreement in 2005.

MICHAEL COLEMAN, Appellant, vs. STATE OF FLORIDA, Appellee ...

Supreme Court of Florida

No. SC04-1520

MICHAEL COLEMAN,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

No. SC09-92

MICHAEL COLEMAN,

Petitioner,

vs.

EDWIN G. BUSS, etc.,

Respondent.

[June 2, 2011]

PER CURIAM.

Michael Coleman appeals an order of the circuit court denying his motion to vacate his convictions of first-degree murder and sentences of death filed under Florida Rule of Criminal Procedure 3.850 and petitions this Court for a writ of

 

habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we reverse the circuit court‘s denial of postconviction relief as it pertains to Coleman‘s claim of ineffective assistance of counsel during the penalty phase because we conclude that counsel rendered ineffective assistance of counsel during the penalty phase when counsel failed to investigate, develop, and present available mitigating evidence that would have legally precluded an override of the jury‘s life recommendation. Therefore, we vacate Coleman‘s death sentences and remand for imposition of life sentences instead. We deny

Coleman‘s petition for habeas corpus.

FACTUAL AND PROCEDURAL HISTORY

Michael D. Coleman was convicted of the first-degree murders of Derek Hill, Morris Douglas, Michael McCormick, and Mildred Baker and of the attempted first-degree murder of Amanda Merrell. Coleman v. State, 610 So. 2d 1283, 1284 (Fla. 1992). The jury recommended life by a vote of six to six. Following that recommendation, the trial court overrode the jury recommendation and imposed four death sentences. Id. at 1287. On direct appeal, this Court affirmed Coleman‘s convictions and sentences of death. Id. at 1288. There,

 

Coleman raised five issues.1 There, this Court detailed the facts surrounding the murders:

Michael Coleman, Timothy Robinson, and brothers Bruce and Darrell Frazier were members of the ?Miami Boys? drug organization,

which operated throughout Florida. Pensacola members of the group moved a safe containing drugs and money to the home of Michael McCormick from which his neighbors Derek Hill and Morris Douglas stole it. Hill and Douglas gave the safe’s contents to Darlene Crenshaw for safekeeping.

Late in the evening of September 19, 1988[,] Robinson, Coleman, and Bruce Frazier, accompanied by McCormick, pushed their way into Hill and Douglas’ apartment.

West's federal reporter, cases argued and determined in the United States courts of appeals and Temporary Emergency Court of Appeals

... 14-475 SE2d 764 14-475 SE2d 815 14—175 SE2d 821 14-475 SE2d 896 14—176 SE2d 53 14-476 S.E2d 100 14—176 SE2d 177 14—679 So2d 229 14—679 So.2d 342 14—679 ...

West's Florida statutes annotated, under arrangement of the official Florida statutes

Cedar Cove Properties, Inc., App. 1 Dist., 558 So.2d 475 (1990). Condominium ®= 13 Where it was not clear from condominium documents whether limited common ...

Public employee discharge and discipline

Department of Police, 558 So. 2d 1311 (La. App. 1990). 29 Hunt v. Department of Health & Human Servs., ... 200, 475 A.2d 1333 (1984). But see Bender v. ...

West's federal supplement

Fielder, 590 So.2d 893, 899 (Ala. 1991) (holding it is not required that a ... Risen, 598 SW2d 474, 475 (Ky.Ct.App.1980) (sustaining punitive damage award ...

Myers on Evidence in Child, Domestic and Elder Abuse Cases

Elliott, 344 NC 242, 475 SE2d 202 (1996), 4.12, 4.23[B] State v. Ellis, 880 So. 2d 214 (La. ... Farr, 558 So. 2d 437 (Fla. Ct. App. 1990), 6.26[B] State v. ...