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  • Commentaries
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Florida Case Commentaries

Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Date: Dec 14, 2025
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025) I. Introduction...

    Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida:
    Commentary on Linda Loumpos v. Bank One

Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One

Date: Dec 14, 2025
Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One I. Introduction This commentary examines the Florida Supreme Court’s...
Fair-Cross-Section Limits and “New” Social Science in Capital Postconviction: Commentary on Sparre v. State (Fla. 2025)

Fair-Cross-Section Limits and “New” Social Science in Capital Postconviction: Commentary on Sparre v. State (Fla. 2025)

Date: Dec 5, 2025
Fair-Cross-Section Limits and “New” Social Science in Capital Postconviction: Commentary on Sparre v. State (Fla. 2025) I. Introduction The Supreme Court of Florida’s decision in David Kelsey Sparre...
Clarifying Contract Impairment and State Oversight of University Direct‑Support Organizations: Commentary on Florida Atlantic University Board of Trustees v. Harbor Branch Oceanographic Institute Foundation, Inc.

Clarifying Contract Impairment and State Oversight of University Direct‑Support Organizations: Commentary on Florida Atlantic University Board of Trustees v. Harbor Branch Oceanographic Institute Foundation, Inc.

Date: Dec 5, 2025
Clarifying Contract Impairment and State Oversight of University Direct‑Support Organizations Commentary on Florida Atlantic University Board of Trustees v. Harbor Branch Oceanographic Institute...
Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges

Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges

Date: Nov 29, 2025
Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges Case: In re: Certification of Need for Additional...
Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Fojo

Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Fojo

Date: Nov 29, 2025
Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Robert Michael Fojo I. Introduction The Supreme Court...
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Date: Nov 16, 2025
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442 Introduction On...
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Date: Nov 16, 2025
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5) Introduction In a per curiam...
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Date: Nov 16, 2025
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430 Introduction This commentary analyzes the...
Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida

Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida

Date: Nov 14, 2025
Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida & Randolph v. Secretary, DOC I. Introduction The...
Reciprocal Discipline Accrues on Entry of Foreign Order: Florida Supreme Court Clarifies Limitations Timing and Affirms Authority to Impose Harsher Sanctions in The Florida Bar v. Klayman

Reciprocal Discipline Accrues on Entry of Foreign Order: Florida Supreme Court Clarifies Limitations Timing and Affirms Authority to Impose Harsher Sanctions in The Florida Bar v. Klayman

Date: Nov 7, 2025
Reciprocal Discipline Accrues on Entry of Foreign Order: Florida Supreme Court Clarifies Limitations Timing and Affirms Authority to Impose Harsher Sanctions in The Florida Bar v. Klayman...
Automatic 60-Day Payment Window and Streamlined Plea Affidavits: Florida Supreme Court’s 2025 Overhaul of Traffic-Infraction Practice

Automatic 60-Day Payment Window and Streamlined Plea Affidavits: Florida Supreme Court’s 2025 Overhaul of Traffic-Infraction Practice

Date: Nov 7, 2025
Automatic 60-Day Payment Window and Streamlined Plea Affidavits: Florida Supreme Court’s 2025 Overhaul of Traffic-Infraction Practice Introduction In a consolidated rules decision issued November 6,...
Florida Supreme Court Fast-Tracks 2025 Criminal Rule Changes: Mandatory Revocation for Electronic-Monitoring Tampering, New CPC Sentencing Multipliers, and Expanded Capital-Case Terminology

Florida Supreme Court Fast-Tracks 2025 Criminal Rule Changes: Mandatory Revocation for Electronic-Monitoring Tampering, New CPC Sentencing Multipliers, and Expanded Capital-Case Terminology

Date: Nov 7, 2025
Florida Supreme Court Fast-Tracks 2025 Criminal Rule Changes: Mandatory Revocation for Electronic-Monitoring Tampering, New CPC Sentencing Multipliers, and Expanded Capital-Case Terminology Case: In...
No Right to Continuous State Collateral Counsel Between Proceedings; Long-Lapsed Clemency and Warrant Selection Remain Nonjusticiable: Commentary on Jennings v. State (Fla. Nov. 6, 2025)

No Right to Continuous State Collateral Counsel Between Proceedings; Long-Lapsed Clemency and Warrant Selection Remain Nonjusticiable: Commentary on Jennings v. State (Fla. Nov. 6, 2025)

Date: Nov 7, 2025
No Right to Continuous State Collateral Counsel Between Proceedings; Long-Lapsed Clemency and Warrant Selection Remain Nonjusticiable: Commentary on Jennings v. State (Fla. Nov. 6, 2025) Introduction...
Court-Set Deadlines Govern Motions to Dismiss (Including Stand Your Ground) with Good-Cause/Fundamental Exceptions: Comprehensive Amendments to Florida Rule of Criminal Procedure 3.190

Court-Set Deadlines Govern Motions to Dismiss (Including Stand Your Ground) with Good-Cause/Fundamental Exceptions: Comprehensive Amendments to Florida Rule of Criminal Procedure 3.190

Date: Oct 31, 2025
Court-Set Deadlines Govern Motions to Dismiss (Including Stand Your Ground) with Good-Cause/Fundamental Exceptions: Comprehensive Amendments to Florida Rule of Criminal Procedure 3.190 Introduction...
Enhancing Florida’s Criminal Punishment Code: New Multipliers for Aggravated Animal Cruelty and Fleeing/Eluding and Immediate Form Corrections to Rule 3.992 (2025)

Enhancing Florida’s Criminal Punishment Code: New Multipliers for Aggravated Animal Cruelty and Fleeing/Eluding and Immediate Form Corrections to Rule 3.992 (2025)

Date: Oct 24, 2025
Enhancing Florida’s Criminal Punishment Code: New Multipliers for Aggravated Animal Cruelty and Fleeing/Eluding and Immediate Form Corrections to Rule 3.992 (2025) Introduction In a per curiam rules...
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Date: Oct 18, 2025
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide Introduction In a significant rules decision, the Supreme...
Florida Supreme Court Confirms Hybrid Self-Defense Test and Conditional Relevance of PTSD Evidence

Florida Supreme Court Confirms Hybrid Self-Defense Test and Conditional Relevance of PTSD Evidence

Date: Oct 16, 2025
Florida Supreme Court Confirms Hybrid Self-Defense Test and Conditional Relevance of PTSD Evidence Introduction In Juan Javier Oquendo v. State of Florida (No. SC2023-0807, decided October 9, 2025),...
Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Date: Oct 8, 2025
Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025) Introduction In Samuel L. Smithers v. State of...
Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred

Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred

Date: Oct 4, 2025
Florida Supreme Court Clarifies That Agreeing to Decide Competency on Written Reports Is Not a Stipulation to Competency; Postconviction Competency Claims Remain Barred Introduction In Mesac Damas v....
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