Florida Case Commentaries

Double Jeopardy and Resentencing: Insights from ASHLEY v. STATE

Date: Jan 10, 2003

Double Jeopardy and Resentencing: Insights from ASHLEY v. STATE Introduction The case of Columbus R. ASHLEY v. STATE of Florida (850 So. 2d 1265) adjudicated by the Supreme Court of Florida on...

Affirming Procedural Barriers and Standards for Ineffective Assistance of Counsel in Postconviction and Habeas Procedures: Spencer v. Florida

Date: Jan 10, 2003

Affirming Procedural Barriers and Standards for Ineffective Assistance of Counsel in Postconviction and Habeas Procedures: Spencer v. Florida Introduction In the landmark case of SPENCER v. STATE of...

Clarifying Heinousness and Calculated Premeditation as Aggravators in Capital Sentencing: Lynch v. State

Date: Jan 10, 2003

Clarifying Heinousness and Calculated Premeditation as Aggravators in Capital Sentencing: Lynch v. State Introduction RICHARD LYNCH, Appellant, v. STATE OF FLORIDA, Appellee is a landmark decision by...

Florida Supreme Court Expands Appellate Review and Attorney's Fee Claims in CAUFIELD v. CANTELE

Date: Dec 20, 2002

Florida Supreme Court Expands Appellate Review and Attorney's Fee Claims in CAUFIELD v. CANTELE Introduction The case of Edward B. Caufield, et al. v. Gino Cantele, et al. (837 So. 2d 371) presented...

Standard Jury Instructions and Fundamental Error: Reeves v. State of Florida

Date: Dec 20, 2002

Standard Jury Instructions and Fundamental Error: Reed v. State of Florida Introduction In the landmark case of Reed v. State of Florida, 837 So. 2d 366 (Fla. 2002), the Supreme Court of Florida...

Florida Supreme Court Establishes Exception to the Impact Rule in Cases of Statutory Confidentiality Breaches by Psychotherapists

Date: Dec 20, 2002

Florida Supreme Court Establishes Exception to the Impact Rule in Cases of Statutory Confidentiality Breaches by Psychotherapists Introduction In the landmark case of GRACEY v. EAKER, decided on...

Florida Supreme Court Establishes Flexible Standards for Probation Revocation Due to Failure to File Reports

Date: Dec 6, 2002

Florida Supreme Court Establishes Flexible Standards for Probation Revocation Due to Failure to File Reports Introduction In State of Florida v. John H. Carter (835 So. 2d 259), the Supreme Court of...

Equitable Estoppel Tolling Statute of Limitations in State Tort Claims: Florida Dep't of Health v. S.A.P.

Date: Nov 28, 2002

Equitable Estoppel Tolling Statute of Limitations in State Tort Claims: Florida Department of Health and Rehabilitative Services v. S.A.P. Introduction In the landmark case of Florida Department of...

Florida Supreme Court Upholds Capital Sentencing in KING v. MOORE Amid RING v. ARIZONA Developments

Date: Oct 25, 2002

Florida Supreme Court Upholds Capital Sentencing in KING v. MOORE Amid RING v. ARIZONA Developments Introduction In the landmark case Amos Lee King v. Michael W. Moore (831 So. 2d 143), the Supreme...

Florida Supreme Court Validates Capital Sentencing Procedures in BOTTOSON v. MOORE

Date: Oct 25, 2002

Florida Supreme Court Validates Capital Sentencing Procedures in BOTTOSON v. MOORE Introduction In the landmark case Linroy Bottoson v. Michael W. Moore, et al., the Supreme Court of Florida...

Mandatory Time Limits in Civil Commitment Proceedings: STATE v. GOODE

Date: Oct 18, 2002

Mandatory Time Limits in Civil Commitment Proceedings: STATE v. GOODE Introduction State of Florida, Appellant, v. Darren Jerome Goode, Appellee. (830 So. 2d 817) is a landmark decision by the...

Comprehensive Commentary on WESTERHEIDE v. STATE of Florida: Upholding the Jimmy Ryce Act

Date: Oct 18, 2002

Comprehensive Commentary on WESTERHEIDE v. STATE of Florida: Upholding the Jimmy Ryce Act Introduction WESTERHEIDE v. STATE of Florida, 831 So. 2d 93 (Fla. 2002), is a landmark case adjudicated by...

Supreme Court Clarifies 'No Cause' Determination Requirements under Florida Civil Rights Act in Woodham v. Blue Cross Blue Shield

Date: Oct 11, 2002

Supreme Court Clarifies 'No Cause' Determination Requirements under Florida Civil Rights Act in Woodham v. Blue Cross Blue Shield Introduction Woodham v. Blue Cross Blue Shield of Florida, Inc., 829...

Restricting Prior Bad Acts as Impeachment: ROBERTSON v. STATE

Date: Oct 11, 2002

Restricting Prior Bad Acts as Impeachment: ROBERTSON v. STATE [829 So.2d 901] Introduction ROBERTSON v. STATE, adjudicated by the Supreme Court of Florida on October 10, 2002, presents a significant...

Causation as a Coverage Question vs. Amount of Loss in Insurance Appraisals: Florida Supreme Court's Decision

Date: Sep 27, 2002

Causation as a Coverage Question vs. Amount of Loss in Insurance Appraisals: Florida Supreme Court's Decision Introduction The Florida Supreme Court's decision in PETER JOHNSON and CHRISTINE JOHNSON,...

Clarifying the Limits of Discretionary Jurisdiction in Per Curiam Denials: STALLWORTH v. MOORE and Consolidated Cases

Date: Sep 20, 2002

Clarifying the Limits of Discretionary Jurisdiction in Per Curiam Denials: STALLWORTH v. MOORE and Consolidated Cases Introduction The Supreme Court of Florida, in the consolidated cases of Fabian...

Establishing the Appellate Review Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in Postconviction Relief

Date: Sep 13, 2002

Establishing the Appellate Review Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in Postconviction Relief Introduction In Tracy McLIN v. STATE of Florida, 827 So. 2d...

Brady Violation Reinforced in CARDONA v. STATE of Florida: A Landmark Decision

Date: Jul 12, 2002

Brady Violation Reinforced in CARDONA v. STATE of Florida: A Landmark Decision Introduction Ana Maria Cardona v. State of Florida, 826 So. 2d 968 (2002), is a pivotal case that underscores the...

Affirmation of Death Sentence: Evaluating the Heinous, Atrocious, or Cruel Aggravator and Identification Reliability in Rimmer v. State of Florida

Date: Jul 4, 2002

Affirmation of Death Sentence: Evaluating the Heinous, Atrocious, or Cruel Aggravator and Identification Reliability in Rimmer v. State of Florida Introduction Robert Rimmer, the appellant, was...

Affirmation of Legislated Sentencing Guidelines: A Comprehensive Analysis of HALL v. STATE

Date: Jul 4, 2002

Affirmation of Legislated Sentencing Guidelines: A Comprehensive Analysis of HALL v. STATE Introduction HALL v. STATE, 823 So. 2d 757 (Fla. 2002), is a landmark decision by the Supreme Court of...

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