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  • Commentaries
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Florida Case Commentaries

Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences

Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences

Date: Dec 16, 2011
Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences Introduction Richard Knight v. State of Florida (76 So. 3d 879) is a...
Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed

Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed

Date: Dec 1, 2011
Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed Introduction In the landmark appellate case of Herman P. Maestas v. State...
Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE

Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE

Date: Nov 4, 2011
Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE Introduction The case of CARBAJAL v. STATE, adjudicated by the Supreme Court of Florida on November 3, 2011, addresses the...
Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims

Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims

Date: Nov 4, 2011
Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims Introduction The case of Johnny HOSKINS v. STATE of Florida (75 So. 3d 250, Supreme...
Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill

Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill

Date: Sep 2, 2011
Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill Introduction Solveig Edna Hill v. Douglas Davis, 70 So. 3d 572 (Fla. 2011),...
Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez

Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez

Date: Aug 26, 2011
Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez Introduction In the landmark case of State Farm Mutual Automobile Insurance Company v. Gilda Menendez, decided on...
Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida

Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida

Date: Jun 18, 2011
Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida Introduction Hernandez v. State of Florida, 61 So. 3d 1144 (2011), adjudicated by the District Court of...
Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co.

Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co.

Date: May 19, 2011
Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co. Introduction The case of Custer Medical Center a/a/o Maximo Masis, Petitioner, v....
Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS

Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS

Date: May 6, 2011
Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS Introduction The case of Ted Williams v. Keith Robinson Oken, M.D., et al. (62 So. 3d...
Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements

Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements

Date: Apr 22, 2011
Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements Introduction The cases of Andrea JOHNSON v. STATE of Florida and Bernard JOYNER v....
Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA

Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA

Date: Apr 1, 2011
Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA Introduction Katherine KAAA v. Joseph KAAA, 58 So. 3d 867, adjudicated by the Supreme Court of...
Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings

Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings

Date: Feb 4, 2011
Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings Introduction In the landmark decision of STATE of Florida v. Christian Fleming, 61 So.3d 399 (Fla....
Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032

Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032

Date: Dec 17, 2010
Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032 Introduction The case of Clarence DENNIS v. STATE of Florida (51...
Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida

Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida

Date: Dec 10, 2010
Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida Introduction Parties Involved: Petitioner: Aniceto Jaimes Respondent: State of Florida Court: Supreme...
Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct

Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct

Date: Dec 3, 2010
Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct Introduction The case of Colodny v. Judicial Qualifications Commission (JQC), decided by the Supreme...
Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums

Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums

Date: Oct 29, 2010
Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums Introduction In the landmark case of Charles MENDENHALL v. STATE of Florida, the Supreme Court of Florida...
SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel

SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel

Date: Oct 7, 2010
SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel Introduction In SCHOENWETTER v. STATE of Florida, 931 So.2d 535 (Fla. 2010), the Supreme...
Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims

Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims

Date: Sep 9, 2010
Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims Introduction Robert T. Butler v. Henry Yusem, et al. is a pivotal case adjudicated by the Supreme Court of...
Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY

Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY

Date: Jun 29, 2010
Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY Introduction In the case of State of Florida v. Steven W. Montgomery (39 So. 3d 252), the Supreme Court of Florida was...
Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall

Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall

Date: Jun 18, 2010
Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall Introduction The case of Internet Solutions Corporation v. Tabatha Marshall (39 So....
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