final until disposition of timely filed motion for rehearing.
of original Jurisdiction -Prohibition Lower Tribunal No.
J. Martinez, Public Defender, and Jonathan Greenberg,
Assistant Public Defender, for petitioner.
Jo Bondi, Attorney General, and Natalia Costea and Magaly
Rodriguez, Assistant Attorneys General, for respondent.
SUAREZ, LAGOA and SALTER, JJ.
Jonathan Morris seeks a writ of prohibition to preclude the
circuit court from trying him on a severed charge of
possessing a firearm as a convicted felon. The firearm charge
was count 2 of an information which also charged Morris (in
count 1) with second-degree murder with a firearm. Morris had
moved for, and been granted, severance of Count 2. Following
a jury trial on the murder charge, Count 1, Morris was
now contends that the severed possession of a firearm charge
involves an issue of fact necessarily determined in the
murder trial, such that collateral estoppel and the
constitutional guarantee against double jeopardy bar
prosecution of the firearm charge. We conclude, however, that
the petition must be denied on the basis of a recent decision
of the Supreme Court of the United States, Currier v.
Virginia, 138 S.Ct. 2144 (2018)
in the Circuit Court
charges against Morris have been described. The undisputed
facts relating to the daylight occurrences on May 15, 2016,
at a Miami residential apartment complex are:
• Lamonte Jacobs was shot eleven times in the courtyard
of the apartment complex under a tree. Spent nine millimeter
cartridges, with no detectable fingerprints, were found near
• Morris himself was wounded three times in the neck,
back, and leg, but survived. After being shot exiting a
hallway to the street, Morris was able to climb into a car
and escape from the scene. Surveillance cameras yielded a
videotape of a third man, allegedly Marquis Dunwoody,
shooting Morris. Spent .40 caliber cartridges were found in
the area where those shots were fired. The State's
ballistics analyst testified that the bullets recovered at
the scene were from two different firearms.
• The surveillance camera videotape also showed a fourth
man with Dunwoody and using a cellphone when apart from
Dunwoody at the time of the incident.
eyewitness testimony, however, provided disputed and
contradictory testimony about the sequence of events and
identity of the shooter under the tree where ...