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  • Commentaries
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Florida Case Commentaries

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Date: Jul 22, 2025
Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive
          Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

Date: Jul 22, 2025
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Date: Jul 11, 2025
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings...
Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants

Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants

Date: Jul 5, 2025
Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants Introduction Scottie D. Allen, already serving a 25-year...
“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation

“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation

Date: Jul 1, 2025
“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation Introduction In In Re: Amendments to the Florida Family Law Rules of Procedure – Forms,...
“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges

“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges

Date: Jul 1, 2025
“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges Introduction On 26 June 2025 the Supreme Court of Florida decided The Florida Bar v. Brooke...
“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects (Commentary on Steven J. Lorenzo v. State of Florida, No. SC2023-0539)

“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects (Commentary on Steven J. Lorenzo v. State of Florida, No. SC2023-0539)

Date: Jun 20, 2025
“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects Commentary on Steven J. Lorenzo v. State of...
Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules – A Commentary on The Florida Bar v. Alexa Martinez (2025)

Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules – A Commentary on The Florida Bar v. Alexa Martinez (2025)

Date: Jun 20, 2025
Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules A Comprehensive Commentary on The Florida Bar v. Alexa...
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Date: Jun 20, 2025
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals Introduction Thomas Lee Gudinas, sentenced to death for a 1994...
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

Date: Jun 18, 2025
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement 1. Introduction Jourdan Daniel Parks v. State of Florida, decided by the...
Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause

Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause

Date: Jun 10, 2025
Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause Introduction In Gustavo Bojorquez, et al. v. State of Florida, the Supreme Court of Florida...
Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a)

Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a)

Date: Jun 10, 2025
Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a) Introduction This commentary examines the Supreme Court of Florida’s per curiam decision...
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Date: Jun 10, 2025
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief Introduction In Anthony Floyd Wainwright v. State of Florida (No. SC2025-0708), the Florida Supreme...
Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2)

Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2)

Date: May 23, 2025
Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2) Introduction In In Re: Amendments to the Florida Rules of Criminal Procedure – 2025...
Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal

Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal

Date: May 23, 2025
Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal Introduction In In Re: Amendments to Florida Rules of General Practice and Judicial Administration...
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Date: May 23, 2025
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms Introduction In Mark H. Wilson v. State of Florida, No. SC2023-0320 (Fla. May 22, 2025), the Florida Supreme...
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Date: May 16, 2025
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Ryan F. C....
Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State

Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State

Date: May 9, 2025
Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State Introduction Glen Edward Rogers v. State of Florida (No. SC2025-0585) is a May 8, 2025 decision of the Supreme...
Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed

Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed

Date: May 1, 2025
Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed Introduction The Supreme Court of Florida’s decision in Jeffrey G. Hutchinson v. State of Florida (No....
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