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  • Commentaries
  • Judgments

Florida Case Commentaries

The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections

The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections

Date: Apr 26, 2025
The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections Introduction Jeffrey G. Hutchinson...
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Date: Apr 25, 2025
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132 Introduction This commentary examines the Supreme Court of Florida’s April 3, 2025, opinion in...
Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853

Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853

Date: Apr 11, 2025
Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853 Introduction On April 10, 2025, the Supreme Court of Florida, acting per curiam, adopted...

      Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only Detention Orders

Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only Detention Orders

Date: Apr 4, 2025
Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only...
Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief

Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief

Date: Apr 2, 2025
Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief Introduction In Michael A. Tanzi v. State of Florida (consolidated with petitions...
Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases

Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases

Date: Apr 2, 2025
Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases Introduction Michael A. Tanzi was convicted of first-degree murder, carjacking,...
Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025)

Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025)

Date: Apr 2, 2025
Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025) Introduction In a per curiam decision issued April 1, 2025, the Florida Supreme Court...
Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130

Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130

Date: Mar 28, 2025
Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130 Case: Kevin Vericker v. Norman Christopher Powell Court: Supreme Court of...
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

Date: Mar 21, 2025
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh...
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Date: Mar 21, 2025
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules Introduction In this rulemaking opinion, the Supreme...
Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Date: Mar 21, 2025
Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim;...
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Date: Mar 20, 2025
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline Introduction The judgment in The Florida Bar v. Danielle Renee Watson marks a significant moment in the discipline of...
Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity

Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity

Date: Mar 19, 2025
Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity Introduction The case of Edward T. James v. State of Florida...
Disbarment Without Delay: Establishing the Non-Alteration Principle in Motions for Rehearing

Disbarment Without Delay: Establishing the Non-Alteration Principle in Motions for Rehearing

Date: Mar 14, 2025
Disbarment Without Delay: Establishing the Non-Alteration Principle in Motions for Rehearing Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Malik...
Redefining Speedy Trial Commencement: The Formal Charge Standard and Extended Recapture Period

Redefining Speedy Trial Commencement: The Formal Charge Standard and Extended Recapture Period

Date: Mar 14, 2025
Redefining Speedy Trial Commencement: The Formal Charge Standard and Extended Recapture Period Introduction In the judgment dated March 13, 2025, the Supreme Court of Florida addressed broad...
Establishing a Civil Appellate Remedy for Denied Stand Your Ground Immunity Claims

Establishing a Civil Appellate Remedy for Denied Stand Your Ground Immunity Claims

Date: Mar 11, 2025
Establishing a Civil Appellate Remedy for Denied Stand Your Ground Immunity Claims Introduction The recent Judgment in In re: Amendments to Florida Rules of Appellate Procedure handed down by the...
New Precedent: Adoption of Creole Translations in Florida’s Juvenile Procedure Forms

New Precedent: Adoption of Creole Translations in Florida’s Juvenile Procedure Forms

Date: Feb 25, 2025
New Precedent: Adoption of Creole Translations in Florida’s Juvenile Procedure Forms Introduction The Judgment in In Re: Amendments to Florida Rules of Juvenile Procedure issued by the Supreme Court...
Judicial Reformation: The New Rehearing Provision in Florida Rule of Criminal Procedure 3.802

Judicial Reformation: The New Rehearing Provision in Florida Rule of Criminal Procedure 3.802

Date: Feb 25, 2025
Judicial Reformation: The New Rehearing Provision in Florida Rule of Criminal Procedure 3.802 Introduction The recent decision in In re: Amendments to Florida Rule of Criminal Procedure 3.802...
New Procedural Safeguards in Juvenile Detention: Amendments to Florida’s Juvenile Procedure Rules

New Procedural Safeguards in Juvenile Detention: Amendments to Florida’s Juvenile Procedure Rules

Date: Feb 19, 2025
New Procedural Safeguards in Juvenile Detention: Amendments to Florida’s Juvenile Procedure Rules Introduction The judgment in the case, titled "IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE...
Mandamus Relief and Statutory Boundaries: A New Precedent on Candidate Qualification in Florida Special Elections

Mandamus Relief and Statutory Boundaries: A New Precedent on Candidate Qualification in Florida Special Elections

Date: Feb 19, 2025
Mandamus Relief and Statutory Boundaries: A New Precedent on Candidate Qualification in Florida Special Elections Introduction The Florida Supreme Court's decision in Debbie Mayfield v. Secretary,...
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