Florida Case Commentaries

Vacating Death Sentences Due to Ineffective Assistance of Counsel: HURST v. STATE of Florida

Date: Sep 18, 2009

Vacating Death Sentences Due to Ineffective Assistance of Counsel: HURST v. STATE of Florida Introduction Timothy Lee HURST v. STATE of Florida, 18 So.3d 975 (Fla. 2009), is a landmark decision by...

Affirmation of Conviction and Sentencing in Wright v. State: Implications for Capital Sentencing and Evidence Admissibility

Date: Sep 4, 2009

Affirmation of Conviction and Sentencing in Wright v. State: Implications for Capital Sentencing and Evidence Admissibility Introduction The case of Tavares Jerrod Wright v. State of Florida, decided...

Florida Supreme Court Establishes Exception for Pro Se Motions to Withdraw Plea Amid Adversarial Counsel Allegations in SHEPPARD v. STATE

Date: Aug 28, 2009

Florida Supreme Court Establishes Exception for Pro Se Motions to Withdraw Plea Amid Adversarial Counsel Allegations in SHEPPARD v. STATE Introduction In SHEPPARD v. STATE, the Supreme Court of...

Implied Consent Under Florida Statute 39.801(3)(d) Eliminates Requirement for Additional Grounds in Parental Rights Termination

Date: Jul 17, 2009

Implied Consent Under Florida Statute 39.801(3)(d) Eliminates Requirement for Additional Grounds in Parental Rights Termination Introduction Florida Department of Children and Family Services v....

Corey Smith v. State of Florida: Upholding Death Sentence Amid Procedural Appeals

Date: Mar 20, 2009

Corey Smith v. State of Florida: Upholding Death Sentence Amid Procedural Appeals Introduction Corey Smith v. State of Florida is a landmark case adjudicated by the Supreme Court of Florida on March...

Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean

Date: Feb 26, 2009

Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean Introduction In the landmark case of Kelly Wallace v. Ed Dean, Sheriff of Marion County, decided by the...

Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent

Date: Jan 30, 2009

Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent Introduction The case of William Todd LARIMORE v. STATE of Florida serves as a pivotal...

Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs

Date: Jan 30, 2009

Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs Introduction The case of AmerUs Life Insurance Company v. Michael H. Lait (2 So. 3d 203), adjudicated by the...

Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida

Date: Nov 8, 2008

Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida Introduction The case of Wayne TOMPKINS v. STATE of Florida (994 So. 2d 1072),...

Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE

Date: Sep 20, 2008

Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE Introduction The case of Donald Dean KASISCHKE v. STATE of Florida, decided by the Supreme Court of...

Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions

Date: Sep 18, 2008

Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions Introduction The case of Neil K. Salazar v. State of Florida (991 So. 2d 364)...

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC

Date: Jul 11, 2008

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC Introduction Pro-Art Dental Lab...

PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified

Date: Jun 19, 2008

PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified Introduction Robert Sheldon PETERS v. STATE of Florida, 984 So.2d 1227 (Fla. 2008), marks a significant moment...

Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity?

Date: May 30, 2008

Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity? Introduction The case of Bertha JACKSON v. STATE of Florida (983 So. 2d 562), adjudicated by the Supreme Court of...

GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel

Date: Feb 1, 2008

GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel Introduction The case of Crosley A. GREEN v. STATE of Florida, adjudicated by the Supreme...

Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford

Date: Jan 11, 2008

Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford Introduction The case of State of Florida v. Moroni Lopez (974 So. 2d 340)...

Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc.

Date: Dec 21, 2007

Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc. Introduction The case of United States Fire Insurance Co. v....

Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements

Date: Dec 14, 2007

Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements Introduction The case of Harold A. Blake v. State of Florida (972...

Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida

Date: Nov 22, 2007

Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida Introduction McDuffie v. State of Florida, 970 So.2d 312 (2007), is a landmark case adjudicated by the Supreme Court of...

No Duty for Residential Landowners in Foliage-Obstructed Intersections

Date: Nov 22, 2007

No Duty for Residential Landowners in Foliage-Obstructed Intersections Introduction In the landmark case of Be v. rly WILLIAMS, decided by the Supreme Court of Florida on November 21, 2007, the court...

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