Florida Case Commentaries

Meaningful Opportunities for Early Release: Johnson v. State Establishes New Precedent in Juvenile Sentencing

Date: Apr 21, 2017

Meaningful Opportunities for Early Release: Johnson v. State Establishes New Precedent in Juvenile Sentencing Introduction The case of Clyde Edward Johnson v. State of Florida, decided by the Supreme...

Affirmation of Convictions with Vacated Death Sentences in Corey SMITH v. STATE of Florida

Date: Mar 17, 2017

Affirmation of Convictions with Vacated Death Sentences in Corey SMITH v. STATE of Florida Introduction In the case of Corey SMITH v. STATE of Florida (213 So. 3d 722, 2017), the Supreme Court of...

Resentencing of Juvenile Offenders under Chapter 2014–220: Kelsey v. State

Date: Dec 9, 2016

Resentencing of Juvenile Offenders under Chapter 2014–220: Kelsey v. State Introduction Kelsey v. State, 206 So.3d 5 (Fla. 2016), adjudicated by the Supreme Court of Florida, addresses the critical...

Clarification of Jail Credit Litigation Procedures: Florida Supreme Court's 2016 Amendments

Date: Nov 24, 2016

Clarification of Jail Credit Litigation Procedures: Florida Supreme Court's 2016 Amendments Introduction In IN RE: Amendments to the Florida Rules of Criminal Procedure (204 So. 3d 944), the Supreme...

Attorney's Fees in Settlement Offers When Not Sought in Pleadings: KuHajda v. Borden Dairy

Date: Oct 21, 2016

Attorney's Fees in Settlement Offers When Not Sought in Pleadings: KuHajda v. Borden Dairy Introduction The case of Susanne L. KuHajda v. Borden Dairy Company of Alabama, LLC, et al., decided by the...

Unanimous Jury Requirements in Capital Sentencing: Timothy Lee Hurst v. State of Florida

Date: Oct 15, 2016

Unanimous Jury Requirements in Capital Sentencing: Timothy Lee Hurst v. State of Florida Introduction Timothy Lee Hurst v. State of Florida, 202 So. 3d 40 (Fla. 2016), represents a pivotal case in...

Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements

Date: Sep 23, 2016

Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements Introduction The case of Juan Mendez, Jr., etc., Petitioner, v. Hampton Court...

Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens

Date: Sep 16, 2016

Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens Introduction In the landmark case of Wright v. City of Miami Gardens, the Supreme Court...

Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State

Date: Sep 2, 2016

Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State Introduction In the landmark case of Marcus Jamal Graham v. State (207 So. 3d 135, Supreme Court of Florida, 2016),...

Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing

Date: Jun 17, 2016

Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing Introduction The case of Khadafy...

Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards

Date: May 27, 2016

Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards Introduction Atwell v. State, 197 So. 3d 1040 (Fla. 2016), presented a pivotal case concerning the...

Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments

Date: May 20, 2016

Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments Introduction CITIZENS OF the STATE of Florida, Appellant, v. Art GRAHAM, etc., et al. is a pivotal case adjudicated...

FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief

Date: May 13, 2016

FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief Introduction Anthony Joseph Farina Jr. was convicted in 1992 for first-degree murder and six other...

Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing

Date: Apr 29, 2016

Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing Introduction In the landmark case of Norvil v. State, 191 So. 3d 406 (Fla. 2016), the Supreme Court...

Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE

Date: Apr 22, 2016

Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE Introduction RIGTERINK v. STATE (193 So. 3d 846, Supreme Court of Florida, 2016) is a pivotal case concerning the appellate...

Florida Supreme Court Establishes Right for Engle Progeny Plaintiffs to Seek Punitive Damages under Negligence and Strict Liability

Date: Mar 18, 2016

Florida Supreme Court Establishes Right for Engle Progeny Plaintiffs to Seek Punitive Damages under Negligence and Strict Liability Introduction In the landmark case Soffer v. R.J. Reynolds Tobacco...

Florida Supreme Court Clarifies Discretion in Consecutive Sentencing Under 10-20-Life Statute

Date: Mar 4, 2016

Florida Supreme Court Clarifies Discretion in Consecutive Sentencing Under 10-20-Life Statute Introduction In Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016), the Florida Supreme...

Prosecutorial Misconduct in Closing Arguments: Florida Supreme Court Vacates Conviction in CARDONA v. STATE

Date: Feb 19, 2016

Prosecutorial Misconduct in Closing Arguments: Florida Supreme Court Vacates Conviction in CARDONA v. STATE Introduction The case of Ana Maria CARDONA v. STATE of Florida, 185 So.3d 514 (2016),...

Two-Prong Standard for Postconviction Relief in Guilty Plea Cases: LONG v. STATE

Date: Jan 22, 2016

Two-Prong Standard for Postconviction Relief in Guilty Plea Cases: LONG v. STATE Introduction Robert Joe Long, a death row inmate in Florida, challenged the summary denial of his successive motion...

Affirmation of Actual Bias Standard for Disqualified Jurors: Lucious BOYD v. STATE of Florida

Date: Dec 18, 2015

Affirmation of Actual Bias Standard for Disqualified Jurors: Lucious BOYD v. STATE of Florida Introduction The case of Lucious BOYD v. STATE of Florida, decided on December 17, 2015, by the Supreme...