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Rodney Thomas Ternovsky v. Florida

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D23-0091 · judgment November 28, 2023


Certiorari denied · June 3, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Petitioner’s Fourteenth Amendment due process right to a fair trial was violated when the trial court allowed the State to inform the jury that thumb drives found during the search of the Petitioner’s residence contained videos of the Petitioner and his adult girlfriend engaging in consensual sex – evidence that was (1) irrelevant and immaterial (i.e., evidence that had no probative value to any contested issue at trial) and (2) extremely inflammatory and prejudicial.

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Trisha Meggs Pate
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
23A714

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 07 2024
    Waiver of right of respondent State of Florida to respond filed.
  4. Apr 26 2024
    Petition for a writ of certiorari filed. (Response due June 3, 2024)
  5. Mar 08 2024
    Application (23A714) granted by Justice Thomas extending the time to file until April 26, 2024.
  6. Feb 28 2024
    Application (23A714) to extend further the time from March 27, 2024 to April 26, 2024, submitted to Justice Thomas.
  7. Feb 01 2024
    Application (23A714) granted by Justice Thomas extending the time to file until March 27, 2024.
  8. Jan 30 2024
    Application (23A714) to extend the time to file a petition for a writ of certiorari from February 26, 2024 to March 27, 2024, submitted to Justice Thomas.