Florida Case Commentaries

Affirmation of Death Penalty Based on Aggravating and Mitigating Circumstances: WHITE v. STATE of Florida

Date: May 17, 2002

Affirmation of Death Penalty Based on Aggravating and Mitigating Circumstances: WHITE v. STATE of Florida Introduction WHITE v. STATE of Florida, 817 So. 2d 799 (Fla. 2002), presents a pivotal...

Impact of Single Subject Rule Violation in Chapter 99-188 on Mandatory Sentencing Laws

Date: Apr 24, 2002

Impact of Single Subject Rule Violation in Chapter 99-188 on Mandatory Sentencing Laws Introduction In the case of Rebecca Taylor v. State of Florida, 818 So.2d 544, the District Court of Appeal of...

Inclusion of Pre-Offer Taxable Costs in "Judgment Obtained" Under Florida's Offer of Judgment Statute: WHITE v. STEAK AND ALE of Florida, Inc.

Date: Apr 19, 2002

Inclusion of Pre-Offer Taxable Costs in "Judgment Obtained" Under Florida's Offer of Judgment Statute: WHITE v. STEAK AND ALE of Florida, Inc. Introduction The Supreme Court of Florida's decision in...

Affirmation of First-Degree Murder Convictions and Death Sentences: Insights from Pagan v. State of Florida

Date: Apr 5, 2002

Affirmation of First-Degree Murder Convictions and Death Sentences: Insights from Pagan v. State of Florida Introduction In the landmark case of ALEX PAGAN Appellant v. STATE OF FLORIDA, Appellee,...

First Amendment and Tort Liability: Religious Institutions Held Accountable for Clergy Misconduct

Date: Mar 15, 2002

First Amendment and Tort Liability: Religious Institutions Held Accountable for Clergy Misconduct Introduction The case of Jan Malicki, St. David Catholic Church, and the Archdiocese of Miami v. Jane...

First Amendment Does Not Shield Religious Institutions from Tort Liability in Clergy Sexual Misconduct — Supreme Court of Florida Decision

Date: Mar 15, 2002

First Amendment Does Not Shield Religious Institutions from Tort Liability in Clergy Sexual Misconduct Introduction In the landmark case of Jane Doe v. William Dunbar Evans, III; Church of the Holy...

Inherent Authority of Trial Courts to Impose Attorney's Fees for Bad Faith Conduct: MOAKLEY v. SMALLWOOD

Date: Mar 1, 2002

Inherent Authority of Trial Courts to Impose Attorney's Fees for Bad Faith Conduct: MOAKLEY v. SMALLWOOD Introduction The case of Barbara Moakley v. Sheri Smallwood, reported as 826 So. 2d 221,...

Supreme Court Upholds Swafford in Interpretation of Section 90.801(2)(c) in PURYEAR v. STATE

Date: Feb 8, 2002

Supreme Court Upholds Swafford in Interpretation of Section 90.801(2)(c) in PURYEAR v. STATE Introduction In the landmark case Kevin PURYEAR v. STATE of Florida (810 So. 2d 901, 2002), the Supreme...

Affirmation of Capital Murder Conviction Based on Circumstantial Evidence and DNA Analysis

Date: Jan 4, 2002

Affirmation of Capital Murder Conviction Based on Circumstantial Evidence and DNA Analysis Introduction Dolan Darling v. State of Florida, (808 So. 2d 145), adjudicated by the Supreme Court of...

Affirmation of Capital Murder Convictions: An In-depth Commentary on Peremptory Challenges, Aggravating Factors, and Mitigation

Date: Dec 21, 2001

Affirmation of Capital Murder Convictions: An In-depth Commentary on Peremptory Challenges, Aggravating Factors, and Mitigation Introduction The case of Carlton A. Francis v. State of Florida is a...

Connor v. Florida: Affirmation of Death Penalty in Double Murder Case

Date: Dec 18, 2001

Connor v. Florida: Affirmation of Death Penalty in Double Murder Case Introduction Connor v. State of Florida is a significant case decided by the Supreme Court of Florida on December 17, 2001. The...

Clarifying the Strickland Standard in Postconviction Relief: BRUNO v. STATE of Florida

Date: Dec 7, 2001

Clarifying the Strickland Standard in Postconviction Relief: BRUNO v. STATE of Florida Introduction BRUNO v. STATE of Florida, 807 So. 2d 55 (Fla. 2001), is a pivotal case in Florida jurisprudence...

Clarifying Res Judicata and Law of the Case in Workers' Compensation Immunity: Florida Dept. of Transportation v. Juliano

Date: Nov 22, 2001

Clarifying Res Judicata and Law of the Case in Workers' Compensation Immunity: Florida Department of Transportation v. Juliano Introduction In the landmark case of Florida Department of...

Florida Supreme Court Establishes Burden-Shifting Presumption in Slip-and-Fall Cases Involving Transitory Foreign Substances

Date: Nov 16, 2001

Florida Supreme Court Establishes Burden-Shifting Presumption in Slip-and-Fall Cases Involving Transitory Foreign Substances Introduction The Supreme Court of Florida, in the landmark decision of...

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