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  • Commentaries
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Florida Case Commentaries

Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures

Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures

Date: Nov 8, 2007
Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures Introduction In the landmark case Ian Deco Lightbourne v. Bill McCollum, et al. (969 So. 2d 326), the Supreme Court of...
Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company

Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company

Date: Oct 26, 2007
Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company Introduction In Garcia v. Federal Insurance Company, the Supreme Court of Florida...
BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions

BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions

Date: Oct 26, 2007
BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions Introduction James L. BROOKS v. STATE of Florida (969 So. 2d 238) is a landmark decision by the Supreme...
Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims

Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims

Date: Oct 19, 2007
Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims Introduction In the landmark case Marjorie Willis, et vir., Petitioners v. Gami...
Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality

Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality

Date: Oct 19, 2007
Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality Introduction In the landmark case of Florida Department of Corrections v. Lisa M. Abril, et...
Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida

Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida

Date: Sep 28, 2007
Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida Introduction In Gary Lamar POLITE v. STATE of Florida (973 So. 2d 1107, 2007), the...
Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing

Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing

Date: Sep 27, 2007
Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing Introduction In the landmark case of Dolan DARLING a/k/a Sean Smith v. STATE of Florida (966 So. 2d 366), the...
Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout

Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout

Date: Sep 21, 2007
Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout Introduction In the aftermath of Hurricane Ivan on September 16, 2004, the Cox family's...
Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A.

Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A.

Date: Jul 13, 2007
Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A. Introduction The case of Heart of Adoptions, Inc. v. J.A. (963 So. 2d 189), adjudicated by...
CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims

CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims

Date: Jul 6, 2007
CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims Introduction In CARRATELLI v. STATE of Florida, decided by the Supreme...
True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN

True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN

Date: Jun 15, 2007
True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN Introduction STATE v. BROWN, 959 So. 2d 218 (Fla. 2007), is a landmark decision by the Supreme Court of Florida that addresses...
Discrepancy Between Oral and Written Sentences Cognizable Under Rule 3.800(a): An Analysis of WILLIAMS v. STATE

Discrepancy Between Oral and Written Sentences Cognizable Under Rule 3.800(a): An Analysis of WILLIAMS v. STATE

Date: May 18, 2007
Discrepancy Between Oral and Written Sentences Cognizable Under Rule 3.800(a): An Analysis of WILLIAMS v. STATE Introduction WILLIAMS v. STATE, 957 So.2d 600 (Fla. 2007), is a landmark decision by...
Expansion of Florida's Litigation Privilege to All Causes of Action: Analysis of Echevarria v. Cole

Expansion of Florida's Litigation Privilege to All Causes of Action: Analysis of Echevarria v. Cole

Date: Feb 2, 2007
Expansion of Florida's Litigation Privilege to All Causes of Action: Analysis of Echevarria v. Cole Introduction Echevarria, McCalla, Raymer, Barrett Frappier, et al. v. Bradley Cole, et al., 950 So....
Supreme Court of Florida Clarifies ALJ Jurisdiction Over Notice Requirements in NICA Claims

Supreme Court of Florida Clarifies ALJ Jurisdiction Over Notice Requirements in NICA Claims

Date: Jan 12, 2007
Supreme Court of Florida Clarifies ALJ Jurisdiction Over Notice Requirements in NICA Claims Introduction The Supreme Court of Florida addressed a pivotal issue concerning the jurisdiction of...
Ensuring Proper Weighing of Mitigating Circumstances in Capital Sentencing: Coday v. State of Florida

Ensuring Proper Weighing of Mitigating Circumstances in Capital Sentencing: Coday v. State of Florida

Date: Jan 9, 2007
Ensuring Proper Weighing of Mitigating Circumstances in Capital Sentencing: Coday v. State of Florida Introduction In the landmark case of William Coday, Appellant, v. STATE of Florida, Appellee (946...
SANDERS v. STATE: Redefining Ineffective Assistance of Counsel in Lesser-Included Offense Claims

SANDERS v. STATE: Redefining Ineffective Assistance of Counsel in Lesser-Included Offense Claims

Date: Jan 6, 2007
SANDERS v. STATE: Redefining Ineffective Assistance of Counsel in Lesser-Included Offense Claims Introduction SANDERS v. STATE and WILLIS v. STATE are pivotal cases adjudicated by the Supreme Court...
Limits on Class Action Certification for FDUTPA Claims: Analysis of Rollins, Inc. v. Butland

Limits on Class Action Certification for FDUTPA Claims: Analysis of Rollins, Inc. v. Butland

Date: Jan 3, 2007
Limits on Class Action Certification for FDUTPA Claims: Analysis of Rollins, Inc. v. Butland Introduction In Rollins, Inc., and Orkin Exterminating Company, Inc. v. Mark Butland et al., the District...
Affirmation of Surety Obligee as "Insured" Under Florida Statutes: A Comprehensive Analysis of Dadeland Depot, Inc. v. St. Paul Fire and Marine Insurance Co.

Affirmation of Surety Obligee as "Insured" Under Florida Statutes: A Comprehensive Analysis of Dadeland Depot, Inc. v. St. Paul Fire and Marine Insurance Co.

Date: Dec 22, 2006
Affirmation of Surety Obligee as "Insured" Under Florida Statutes: A Comprehensive Analysis of Dadeland Depot, Inc. v. St. Paul Fire and Marine Insurance Co. Introduction The case of Dadeland Depot,...
Establishing Proper Venue and Procedure for Sentence-Reducing Credit Challenges: BUSH v. STATE

Establishing Proper Venue and Procedure for Sentence-Reducing Credit Challenges: BUSH v. STATE

Date: Dec 22, 2006
Establishing Proper Venue and Procedure for Sentence-Reducing Credit Challenges: BUSH v. STATE Introduction BUSH v. STATE, decided by the Supreme Court of Florida on December 21, 2006, addresses...
PIZZO v. STATE: Establishing the Hierarchy of Offenses in Double Jeopardy Cases

PIZZO v. STATE: Establishing the Hierarchy of Offenses in Double Jeopardy Cases

Date: Dec 22, 2006
PIZZO v. STATE: Establishing the Hierarchy of Offenses in Double Jeopardy Cases Introduction In the landmark case of James Frank Pizzo a/k/a James Pizzo, Jr. v. State of Florida, decided by the...
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