Florida Case Commentaries

Admissibility of Similar Fact Evidence in Capital Cases: Zack v. State of Florida

Date: Jan 7, 2000

Admissibility of Similar Fact Evidence in Capital Cases: Zack v. State of Florida Introduction In the landmark case of Michael Duane Zack, III v. State of Florida (753 So.2d 9, 2000), the Supreme...

Florida Supreme Court Invalidates Chapter 95-182 for Breaching the Single Subject Rule

Date: Dec 23, 1999

Florida Supreme Court Invalidates Chapter 95-182 for Breaching the Single Subject Rule Introduction The case of State of Florida v. Carol Leigh Thompson (750 So. 2d 643) presented a pivotal question...

Enhancing Sanctions for Cumulative Drug-Related Misconduct Among Attorneys

Date: Dec 17, 1999

Enhancing Sanctions for Cumulative Drug-Related Misconduct Among Attorneys 1. Introduction The case of The Florida Bar vs. Taryn Xenia Temmer represents a pivotal moment in the enforcement of ethical...

Reaffirmation of Harmless Error Analysis under Section 924.051(7): Goodwin and JONES v. STATE of Florida

Date: Dec 17, 1999

Reaffirmation of Harmless Error Analysis under Section 924.051(7): Goodwin and JONES v. STATE of Florida Introduction The cases of David GOODWIN v. STATE of Florida and Herbert JONES v. STATE of...

Enhancing Appellate Review Standards for Ineffective Assistance of Counsel: The STATE v. STEPHENS Decision

Date: Nov 25, 1999

Enhancing Appellate Review Standards for Ineffective Assistance of Counsel: The STATE v. STEPHENS Decision Introduction STATE v. STEPHENS, 748 So. 2d 1028 (Fla. 1999), is a landmark decision by the...

Limits on Arbitration Clauses for Independent Tort Claims: Insights from Seifert v. U.S. Home

Date: Nov 19, 1999

Limits on Arbitration Clauses for Independent Tort Claims: Insights from Seifert v. U.S. Home Introduction Seifert v. U.S. Home Corporation is a landmark decision by the Supreme Court of Florida that...

Clarification of Drug Trafficking Statute Applicability: Schedule III Hydrocodone Exemption

Date: Oct 8, 1999

Clarification of Drug Trafficking Statute Applicability: Schedule III Hydrocodone Exemption Introduction The case of Kathyrn Hayes v. State of Florida, adjudicated by the Supreme Court of Florida on...

Safeguarding Jury Integrity: Insights from THOMAS v. STATE of Florida

Date: Oct 1, 1999

Safeguarding Jury Integrity: Insights from THOMAS v. STATE of Florida Introduction THOMAS v. STATE of Florida, 748 So. 2d 970 (1999), adjudicated by the Supreme Court of Florida, serves as a pivotal...

Electric Chair Execution Upheld as Constitutional in Provenzano v. Moore, 744 So. 2d 413 (Fla. 1999)

Date: Sep 25, 1999

Electric Chair Execution Upheld as Constitutional in Provenzano v. Moore 744 So. 2d 413 (Fla. 1999) Introduction Thomas H. Provenzano, a defendant under a death warrant, challenged the...

Unconscionability of Arbitration Clauses in Consumer Contracts: Powertel v. Bexley

Date: Sep 2, 1999

Unconscionability of Arbitration Clauses in Consumer Contracts: Powertel v. Bexley Introduction The case of Powertel, Inc. and Powertel/Jacksonville, Inc. v. Dana C. Bexley serves as a pivotal...

Broad Discretion Standard Affirmed in Estate of STUCKEY v. BROWN

Date: Aug 27, 1999

Broad Discretion Standard Affirmed in Estate of STUCKEY v. BROWN Introduction The case of Estate of A.P. Stuckey, Sr. v. Rupert B. Brown et ux., decided by the Supreme Court of Florida on August 26,...

Clarifying Evidentiary Hearing Standards in Brady and Ineffective Assistance Claims: PEEDE v. STATE of Florida

Date: Aug 20, 1999

Clarifying Evidentiary Hearing Standards in Brady and Ineffective Assistance Claims: PEEDE v. STATE of Florida Introduction In Robert Ira PEEDE v. STATE of Florida, 748 So. 2d 253 (Fla. 1999), the...

Proportionality in Death Penalty Sentencing: Analysis of ROBERT LARKINS v. STATE OF FLORIDA

Date: Jul 9, 1999

Proportionality in Death Penalty Sentencing: Analysis of ROBERT LARKINS v. STATE OF FLORIDA Introduction ROBERT LARKINS v. STATE OF FLORIDA is a pivotal case adjudicated by the Supreme Court of...

Miranda Compliance and Juvenile Rights in NATHAN JOE RAMIREZ v. STATE OF FLORIDA

Date: Jul 9, 1999

Miranda Compliance and Juvenile Rights in NATHAN JOE RAMIREZ v. STATE OF FLORIDA Introduction NATHAN JOE RAMIREZ v. STATE OF FLORIDA (739 So. 2d 568), adjudicated by the Supreme Court of Florida on...

Affirmation and Remand in Postconviction Relief: GASKIN v. STATE of Florida

Date: Jul 2, 1999

A Comprehensive Analysis of GASKIN v. STATE of Florida: Establishing the Need for Evidentiary Hearings in Ineffective Assistance of Counsel Claims Introduction GASKIN v. STATE of Florida (737 So. 2d...

Florida Supreme Court Establishes Liability Beyond Economic Loss Rule in Professional Negligence Cases

Date: Jul 2, 1999

Florida Supreme Court Establishes Liability Beyond Economic Loss Rule in Professional Negligence Cases Introduction In the landmark case of MORANSAIS v. HEATHMAN, 744 So.2d 973 (Fla. 1999), the...

Affirmation of Procedural Bars and Standards for Effective Counsel in TEFFETELLER v. DUGGER

Date: Jun 18, 1999

Affirmation of Procedural Bars and Standards for Effective Counsel in TEFFETELLER v. DUGGER Introduction TEFFETELLER v. DUGGER, 734 So. 2d 1009 (Fla. Supreme Court, 1999), is a pivotal case that...

Recognition of Intentional Interference with Custodial Parent-Child Relationships in Florida: STONE v. WALL (1999)

Date: Jun 18, 1999

Recognition of Intentional Interference with Custodial Parent-Child Relationships in Florida: STONE v. WALL (1999) Introduction STONE v. WALL is a landmark case decided by the Supreme Court of...

Belated Postconviction Relief and Legal Malpractice in STEELE v. KEHOE

Date: May 28, 1999

Belated Postconviction Relief and Legal Malpractice in STEELE v. KEHOE Introduction STEELE v. KEHOE (747 So. 2d 931, Supreme Court of Florida, 1999) addresses critical issues concerning legal...

Limiting Writ of Error Coram Nobis to Florida Rule 3.850 Timeframes: WOOD v. STATE

Date: May 28, 1999

Limiting Writ of Error Coram Nobis to Florida Rule 3.850 Timeframes: WOOD v. STATE Introduction Robert Earl WOOD v. STATE of Florida is a pivotal case decided by the Supreme Court of Florida on May...

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