Florida Case Commentaries

Affirmation of Death Sentence in Felony Murder with Multiple Aggravating Factors: Chamberlain v. State

Date: Sep 2, 2004

Affirmation of Death Sentence in Felony Murder with Multiple Aggravating Factors: Chamberlain v. State Introduction In the case of John Chamberlain v. State of Florida (881 So. 2d 1087), the Supreme...

Strict Construction of 'Unrelated Works' Exception in Florida Workers' Compensation Law: Taylor v. School Board of Brevard County

Date: Aug 20, 2004

Strict Construction of 'Unrelated Works' Exception in Florida Workers' Compensation Law: Taylor v. School Board of Brevard County Introduction Lawrence Taylor v. School Board of Brevard County is a...

Florida Supreme Court Establishes Rule: Habeas Corpus Petitions by Noncapital Defendants Must Comply with Rule 3.850

Date: Jul 16, 2004

Florida Supreme Court Establishes Rule: Habeas Corpus Petitions by Noncapital Defendants Must Comply with Rule 3.850 Introduction The case of DARRELL BAKER, Petitioner, v. STATE OF FLORIDA,...

Classification of Writ Petitions as Collateral Criminal Proceedings under Florida's Prisoner Indigency Statute: Schmidt v. Crusoe

Date: Jul 15, 2004

Classification of Writ Petitions as Collateral Criminal Proceedings under Florida's Prisoner Indigency Statute: Schmidt v. Crusoe Introduction In the landmark case of Schmidt v. Crusoe, the Supreme...

Affirmation of Death Sentences in WINDOM v. STATE: Implications of Procedural Defenses and the Retroactivity of RING v. ARIZONA

Date: Jul 9, 2004

Affirmation of Death Sentences in WINDOM v. STATE: Implications of Procedural Defenses and the Retroactivity of RING v. ARIZONA Introduction Curtis WINDOM v. STATE of Florida is a landmark decision...

Affirmation of Death Sentence and Admissibility of Prior Inconsistent Statements in Faunce Le v. n PEARCE

Date: Jul 2, 2004

Affirmation of Death Sentence and Admissibility of Prior Inconsistent Statements in Faunce Le v. n PEARCE Introduction Faunce Levon PEARCE v. STATE of Florida is a landmark case adjudicated by the...

Establishing Availability in Ineffective Assistance of Counsel Claims: NELSON v. STATE of Florida

Date: Jun 4, 2004

Establishing Availability in Ineffective Assistance of Counsel Claims: NELSON v. STATE of Florida Introduction Paul Michael NELSON v. STATE of Florida, 875 So. 2d 579 (Supreme Court of Florida,...

Duty of Care in Streetlight Maintenance: Supreme Court of Florida Sets New Precedent

Date: May 14, 2004

Duty of Care in Streetlight Maintenance: Supreme Court of Florida Sets New Precedent Introduction The case of Clay Electric Cooperative, Inc. v. Delores Johnson serves as a pivotal moment in...

Automobile Not 'Deadly Weapon' Under Florida Robbery Statute §812.13(2)(a): BURRIS v. STATE

Date: Apr 9, 2004

Automobile Not 'Deadly Weapon' Under Florida Robbery Statute §812.13(2)(a): BURRIS v. STATE Introduction In the landmark case of State of Florida v. Daniel Burris, 875 So. 2d 408 (Fla. 2004), the...

Uniformity in Unelaborated Denials of Extraordinary Writs: Topps v. State of Florida

Date: Jan 23, 2004

Uniformity in Unelaborated Denials of Extraordinary Writs: Topps v. State of Florida Introduction Martha M. Topps v. State of Florida is a landmark decision by the Supreme Court of Florida,...

Florida Supreme Court Upholds Multiple DUI Manslaughter Convictions: Clarifying the 'A/Any' Test and Legislative Intent

Date: Dec 5, 2003

Florida Supreme Court Upholds Multiple DUI Manslaughter Convictions: Clarifying the 'A/Any' Test and Legislative Intent Introduction In the landmark case of David BAUTISTA v. STATE of Florida, the...

Affirmative Set-Off of Economic Damages in Medical Malpractice Actions

Date: Nov 27, 2003

Affirmative Set-Off of Economic Damages in Medical Malpractice Actions Introduction The case of Philip C. D'Angelo, M.D., et al. v. John J. Fitzmaurice, et al. before the Supreme Court of Florida...

Clarifying the Distinction Between Giglio and Brady Standards: Insights from GUZMAN v. STATE of Florida

Date: Nov 21, 2003

Clarifying the Distinction Between Giglio and Brady Standards: Insights from GUZMAN v. STATE of Florida Introduction GUZMAN v. STATE of Florida, 868 So. 2d 498 (Fla. 2003), is a pivotal case...

Impact of Vacated Prior Convictions on Death Sentences: ARMSTRONG v. STATE of Florida

Date: Oct 31, 2003

Impact of Vacated Prior Convictions on Death Sentences: ARMSTRONG v. STATE of Florida Introduction ARMSTRONG v. STATE of Florida is a pivotal case adjudicated by the Supreme Court of Florida on...

Affirmation of Death Sentence and Interpretation of Equivocal Miranda Rights in Duane OWEN v. STATE of Florida

Date: Oct 24, 2003

Affirmation of Death Sentence and Interpretation of Equivocal Miranda Rights in Duane OWEN v. STATE of Florida Introduction The case of Duane OWEN v. STATE of Florida, decided by the Supreme Court of...

Admissibility of Implied Admissions and Similar Fact Evidence in Capital Murder Proceedings: Analysis of JOHNSTON v. STATE of Florida

Date: Oct 17, 2003

Admissibility of Implied Admissions and Similar Fact Evidence in Capital Murder Proceedings: Analysis of JOHNSTON v. STATE of Florida Introduction Case: Ray Lamar Johnston, Appellant, v. State of...

Sally Sarkis v. Allstate Insurance Co.: Supreme Court Establishes Strict Construction Against Contingency Multipliers in Attorney Fee Awards

Date: Oct 3, 2003

Sally Sarkis v. Allstate Insurance Co.: Supreme Court Establishes Strict Construction Against Contingency Multipliers in Attorney Fee Awards Introduction Sally Sarkis v. Allstate Insurance Company...

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