Florida Case Commentaries

Florida Supreme Court Upholds Use of Williams Rule in Affirming Death Sentence for Serial Murder

Date: Sep 5, 2003

Florida Supreme Court Upholds Use of Williams Rule in Affirming Death Sentence for Serial Murder Introduction In the landmark case of RORY ENRIQUE CONDE v. STATE OF FLORIDA, 860 So. 2d 930 (Fla....

Brady Compliance in Capital Sentencing Upheld: Prejudice Requirement Confirmed

Date: Aug 22, 2003

Brady Compliance in Capital Sentencing Upheld: Prejudice Requirement Confirmed Introduction In the landmark case of State of Florida v. Thomas Knight n/k/a Askari Abdullah Muhammad (2003), the...

Insufficiency of Evidence Does Not Constitute Fundamental Error: Insights from F.B. v. STATE

Date: Jul 12, 2003

Insufficiency of Evidence Does Not Constitute Fundamental Error: Insights from F.B. v. STATE Introduction The Supreme Court of Florida's decision in F.B., a child, Petitioner, v. STATE OF FLORIDA,...

Expansion of Personal Jurisdiction Through Telephonic Communications: ACQUADRO v. BERGERON

Date: Jul 11, 2003

Expansion of Personal Jurisdiction Through Telephonic Communications: ACQUADRO v. BERGERON Introduction ACQUADRO v. BERGERON, 851 So.2d 665 (Fla. 2003), adjudicated by the Supreme Court of Florida,...

Affirmation of Collateral Estoppel in Blocking Successive Rule 3.800(a) Motions: State v. McBride

Date: May 16, 2003

Affirmation of Collateral Estoppel in Blocking Successive Rule 3.800(a) Motions: State v. McBride Introduction State of Florida v. Antoine L. McBride (848 So. 2d 287) is a seminal decision by the...

Jurisdictional Limitations on Per Curiam Decisions: Clarifying Supreme Court Review Standards

Date: May 16, 2003

Jurisdictional Limitations on Per Curiam Decisions: Clarifying Supreme Court Review Standards Introduction The Supreme Court of Florida, in the consolidated cases of James Gandy, Jr. v. State of...

No Right to Hybrid Representation in Criminal Proceedings: Logan v. State of Florida

Date: Apr 18, 2003

No Right to Hybrid Representation in Criminal Proceedings: Logan v. State of Florida Introduction In the landmark case of Arthur Joseph Logan, Petitioner, v. State of Florida, Respondent. Levy...

Establishing a Totality of Circumstances Approach to Presume Judicial Vindictiveness in Florida

Date: Apr 11, 2003

Establishing a Totality of Circumstances Approach to Presume Judicial Vindictiveness in Florida Introduction The Supreme Court of Florida, in the landmark decision of Omar Wilson, Petitioner, v....

Florida Supreme Court Defines Scope of Design Defect Exclusion and Sue and Labor Clause in Builder’s Risk Insurance

Date: Apr 11, 2003

Florida Supreme Court Defines Scope of Design Defect Exclusion and Sue and Labor Clause in Builder’s Risk Insurance Introduction In Swire Pacific Holdings, Inc. v. Zurich Insurance Company, the...

Florida Supreme Court Establishes Insured’s Right to Suing Insurers for PIP Benefits Without Preexisting Medical Liability

Date: Apr 4, 2003

Florida Supreme Court Establishes Insured’s Right to Suing Insurers for PIP Benefits Without Preexisting Medical Liability Introduction The Florida Supreme Court, in the landmark decision of Allstate...

Supreme Court of Florida Rules Out Anders Procedures for Termination of Parental Rights Cases

Date: Apr 4, 2003

Supreme Court of Florida Rules Out Anders Procedures for Termination of Parental Rights Cases Introduction The case of N.S.H. v. Florida Department of Children and Family Services, decided by the...

ERISA Preemption and Vicarious Liability: Insights from VILLAZON v. PRUDENTIAL HEALTH CARE Plan, Inc.

Date: Mar 28, 2003

ERISA Preemption and Vicarious Liability: Insights from VILLAZON v. PRUDENTIAL HEALTH CARE Plan, Inc. Introduction The case of Rolando Villazon, et al. v. Prudential Health Care Plan, Inc. (843 So....

FDUTPA Applies to Single Acts: PNR, Inc. v. Beacon Property Management, Inc. - Comprehensive Legal Commentary

Date: Mar 14, 2003

FDUTPA Applies to Single Acts: PNR, Inc. v. Beacon Property Management, Inc. Author: Legal Expert Commentary Date: October 2023 Introduction The case of PNR, Inc. v. Beacon Property Management, Inc....

Florida Supreme Court Establishes Rigorous Standards for Ineffective Assistance Claims and Penalty Phase Proceedings in Coney Case

Date: Mar 7, 2003

Florida Supreme Court Establishes Rigorous Standards for Ineffective Assistance Claims and Penalty Phase Proceedings in Coney Case Introduction In the landmark case of State of Florida v. Jimmie Lee...

Establishing Enhanced RICO Standards in Capital Sentencing: The Lugo v. State of Florida Judgment

Date: Feb 21, 2003

Establishing Enhanced RICO Standards in Capital Sentencing: The Lugo v. State of Florida Judgment Introduction The case of Daniel Lugo v. State of Florida (No. SC93994, 845 So.2d 74) represents a...

Reaffirmation of the Standards for Ineffective Assistance of Counsel and Procedural Barriers: Supreme Court of Florida Upholds Denial of Randall Scott Jones's Postconviction Relief and Habeas Corpus

Date: Feb 14, 2003

Reaffirmation of the Standards for Ineffective Assistance of Counsel and Procedural Barriers: Supreme Court of Florida Upholds Denial of Randall Scott Jones's Postconviction Relief and Habeas Corpus...

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