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  • Commentaries
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Florida Case Commentaries

Florida Supreme Court Upholds Concurrent Habitual Felony and Prison Releasee Reoffender Sentences Without Violating Double Jeopardy

Florida Supreme Court Upholds Concurrent Habitual Felony and Prison Releasee Reoffender Sentences Without Violating Double Jeopardy

Date: Nov 3, 2000
Florida Supreme Court Upholds Concurrent Habitual Felony and Prison Releasee Reoffender Sentences Without Violating Double Jeopardy Introduction The case of Kenneth GRANT v. STATE of Florida (770 So....
Beasley v. State of Florida: Upholding the Death Penalty through Heinous Aggravators and Pecuniary Gain in Capital Murder Cases

Beasley v. State of Florida: Upholding the Death Penalty through Heinous Aggravators and Pecuniary Gain in Capital Murder Cases

Date: Oct 27, 2000
Beasley v. State of Florida: Upholding the Death Penalty through Heinous Aggravators and Pecuniary Gain in Capital Murder Cases Introduction Case Title: Curtis W. Beasley, Appellant, v. State of...
Rutherford v. Moore: Clarifying the Boundaries of Ineffective Assistance of Appellate Counsel in Habeas Corpus Proceedings

Rutherford v. Moore: Clarifying the Boundaries of Ineffective Assistance of Appellate Counsel in Habeas Corpus Proceedings

Date: Oct 13, 2000
Rutherford v. Moore: Clarifying the Boundaries of Ineffective Assistance of Appellate Counsel in Habeas Corpus Proceedings Introduction Arthur Dennis Rutherford v. Michael W. Moore is a significant...
Florida Supreme Court Establishes Totality of Circumstances Standard for Dependency Based on Parental Sexual Abuse

Florida Supreme Court Establishes Totality of Circumstances Standard for Dependency Based on Parental Sexual Abuse

Date: Oct 13, 2000
Florida Supreme Court Establishes Totality of Circumstances Standard for Dependency Based on Parental Sexual Abuse Introduction In the landmark case IN THE INTEREST OF M.F. and M.F., etc. R. F.,...
Florida Supreme Court Clarifies Discovery Obligations on Changed Testimony and Oral Statements in State v. Evans

Florida Supreme Court Clarifies Discovery Obligations on Changed Testimony and Oral Statements in State v. Evans

Date: Oct 6, 2000
Florida Supreme Court Clarifies Discovery Obligations on Changed Testimony and Oral Statements in State of Florida v. Bernard Evans Introduction State of Florida v. Bernard Evans, 770 So. 2d 1174...
Ineffective Assistance of Counsel in Capital Sentencing: An Analysis of State v. Cherry

Ineffective Assistance of Counsel in Capital Sentencing: An Analysis of State v. Cherry

Date: Sep 29, 2000
Ineffective Assistance of Counsel in Capital Sentencing: An Analysis of State v. Cherry Introduction State v. Roger Lee Cherry (781 So. 2d 1040, Supreme Court of Florida, September 28, 2000) is a...
Delayed Discovery Doctrine Applied to Accrual of Cause of Action in Childhood Sexual Abuse Cases

Delayed Discovery Doctrine Applied to Accrual of Cause of Action in Childhood Sexual Abuse Cases

Date: Sep 15, 2000
Delayed Discovery Doctrine Applied to Accrual of Cause of Action in Childhood Sexual Abuse Cases Introduction The case of Paula Jean Hearndon v. Kenneth L. Graham addresses a critical issue in tort...
Armstrong v. Harris: Reinforcing the Accuracy Requirement for Constitutional Amendments in Florida

Armstrong v. Harris: Reinforcing the Accuracy Requirement for Constitutional Amendments in Florida

Date: Sep 8, 2000
Armstrong v. Harris: Reinforcing the Accuracy Requirement for Constitutional Amendments in Florida Introduction In the landmark case of Armstrong v. Harris, 773 So. 2d 7 (Fla. 2000), the Supreme...
Supreme Court of Florida Establishes Four-Year Statute of Limitations in Absence of Commission's Determination

Supreme Court of Florida Establishes Four-Year Statute of Limitations in Absence of Commission's Determination

Date: Sep 1, 2000
Supreme Court of Florida Establishes Four-Year Statute of Limitations in Absence of Commission's Determination Introduction In the landmark case DENEACE M. JOSHUA v. CITY OF GAINESVILLE (768 So. 2d...
Standardization of Relief for Improper, Unobjected-To Closing Arguments in Florida Civil Cases

Standardization of Relief for Improper, Unobjected-To Closing Arguments in Florida Civil Cases

Date: Aug 18, 2000
Standardization of Relief for Improper, Unobjected-To Closing Arguments in Florida Civil Cases Introduction The case of Robert Murphy and Technology Innovations International, Inc. v. International...
Assessing the Weight of Nonstatutory Mitigating Factors in Death Penalty Sentencing: Insights from Trease v. State of Florida

Assessing the Weight of Nonstatutory Mitigating Factors in Death Penalty Sentencing: Insights from Trease v. State of Florida

Date: Aug 18, 2000
Assessing the Weight of Nonstatutory Mitigating Factors in Death Penalty Sentencing: Insights from Trease v. State of Florida Introduction Robert Trease v. State of Florida, 768 So. 2d 1050 (Fla....
ASAY v. STATE of Florida: Standards for Judicial Recusal and Ineffective Assistance in Postconviction Relief

ASAY v. STATE of Florida: Standards for Judicial Recusal and Ineffective Assistance in Postconviction Relief

Date: Jun 30, 2000
ASAY v. STATE of Florida: Standards for Judicial Recusal and Ineffective Assistance in Postconviction Relief Introduction Case Citation: Marc James Asay, Appellant v. State of Florida, Appellee. (769...
Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel: Insights from OCCHICONE v. STATE

Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel: Insights from OCCHICONE v. STATE

Date: Jun 30, 2000
Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel: Insights from OCCHICONE v. STATE Introduction OCCHICONE v. STATE of Florida, 768 So. 2d 1037 (Fla. 2000), adjudicated...
Prohibition of Opinion Testimony on Defendant's Guilt in Closing Arguments

Prohibition of Opinion Testimony on Defendant's Guilt in Closing Arguments

Date: Jun 16, 2000
Prohibition of Opinion Testimony on Defendant's Guilt in Closing Arguments Introduction The case of Joaquin J. Martinez v. State of Florida (761 So. 2d 1074) adjudicated by the Supreme Court of...
Florida Supreme Court Upholds State Attorney's Discretion in Mandatory Sentencing under the Prison Releasee Reoffender Act

Florida Supreme Court Upholds State Attorney's Discretion in Mandatory Sentencing under the Prison Releasee Reoffender Act

Date: Jun 16, 2000
Florida Supreme Court Upholds State Attorney's Discretion in Mandatory Sentencing under the Prison Releasee Reoffender Act Introduction The case of State of Florida v. Sammy Cotton and Nathaniel...
Enforcement of Choice-of-Law Provisions in Fraudulently Procured Settlements: An Analysis of Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co.

Enforcement of Choice-of-Law Provisions in Fraudulently Procured Settlements: An Analysis of Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co.

Date: Jun 9, 2000
Enforcement of Choice-of-Law Provisions in Fraudulently Procured Settlements: An Analysis of Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co. Introduction The case of Mazzoni Farms, Inc., et al....
FREEMAN v. STATE of Florida: Standards for Ineffective Assistance of Counsel in Capital Sentencing

FREEMAN v. STATE of Florida: Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: Jun 9, 2000
FREEMAN v. STATE of Florida: Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction The case of John D. Freeman v. State of Florida, reported as 761 So. 2d 1055,...
Single Subject Rule Violation in Sentencing Guidelines: Insights from TRAPP v. STATE of Florida

Single Subject Rule Violation in Sentencing Guidelines: Insights from TRAPP v. STATE of Florida

Date: Jun 2, 2000
Single Subject Rule Violation in Sentencing Guidelines: Insights from TRAPP v. STATE of Florida Introduction The case of Xzavier TRAPP v. STATE of Florida, 760 So. 2d 924 (Supreme Court of Florida,...
Reversal of Death Sentence in Brooks v. State of Florida: Establishing Limits on Prosecutorial Conduct in Capital Sentencing

Reversal of Death Sentence in Brooks v. State of Florida: Establishing Limits on Prosecutorial Conduct in Capital Sentencing

Date: May 26, 2000
Reversal of Death Sentence in Brooks v. State of Florida: Establishing Limits on Prosecutorial Conduct in Capital Sentencing Introduction In Brooks v. State of Florida, 762 So. 2d 879 (Fla. 2000),...
Florida Supreme Court Establishes Limits on Public School Impact Fees for Age-Restricted Housing

Florida Supreme Court Establishes Limits on Public School Impact Fees for Age-Restricted Housing

Date: May 19, 2000
Florida Supreme Court Establishes Limits on Public School Impact Fees for Age-Restricted Housing Introduction In the landmark case of Volusia County, etc., et al. v. Aberdeen at Ormond Beach, L.P.,...
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