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  • Commentaries
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Florida Case Commentaries

Clarifying Procedural Barriers in Postconviction Relief: DOWNS v. STATE of Florida

Clarifying Procedural Barriers in Postconviction Relief: DOWNS v. STATE of Florida

Date: May 21, 1999
Clarifying Procedural Barriers in Postconviction Relief: DOWNS v. STATE of Florida Introduction DOWNS v. STATE of Florida, 740 So. 2d 506 (Fla. 1999), is a pivotal decision by the Supreme Court of...
Florida Supreme Court Establishes Discretionary Jurisdiction Protocol for Habeas Corpus Petitions

Florida Supreme Court Establishes Discretionary Jurisdiction Protocol for Habeas Corpus Petitions

Date: May 7, 1999
Florida Supreme Court Establishes Discretionary Jurisdiction Protocol for Habeas Corpus Petitions Introduction In the case of William Gary Harvard a/k/a Darrell Small vs. Harry K. Singletary, etc.,...
Disbarment Upheld: Continuing Disciplinary Jurisdiction and Ethical Obligations of Suspended Attorneys

Disbarment Upheld: Continuing Disciplinary Jurisdiction and Ethical Obligations of Suspended Attorneys

Date: May 7, 1999
Disbarment Upheld: Continuing Disciplinary Jurisdiction and Ethical Obligations of Suspended Attorneys Introduction The case of The Florida Bar, Complainant, v. Alec Joseph Ross, 732 So. 2d 1037...
ALLSTATE INSURANCE CO. v. BOECHER: Supreme Court of Florida Permits Discovery of Party’s Relationship with Expert Witnesses

ALLSTATE INSURANCE CO. v. BOECHER: Supreme Court of Florida Permits Discovery of Party’s Relationship with Expert Witnesses

Date: Apr 23, 1999
ALLSTATE INSURANCE CO. v. BOECHER: Supreme Court of Florida Permits Discovery of Party’s Relationship with Expert Witnesses Introduction The Supreme Court of Florida, in the landmark case Allstate...
Proportionality in Capital Sentencing: Insights from Woods v. State of Florida

Proportionality in Capital Sentencing: Insights from Woods v. State of Florida

Date: Apr 16, 1999
Proportionality in Capital Sentencing: Insights from Woods v. State of Florida Introduction Woods v. State of Florida (733 So. 2d 980, 1999) is a landmark decision by the Supreme Court of Florida...
Restitution Over Imprisonment: Analysis of STATE v. BANKS Establishing the Weight of Restitution in Sentencing Departures

Restitution Over Imprisonment: Analysis of STATE v. BANKS Establishing the Weight of Restitution in Sentencing Departures

Date: Apr 16, 1999
Restitution Over Imprisonment: Analysis of STATE v. BANKS Establishing the Weight of Restitution in Sentencing Departures Introduction STATE v. BANKS, 732 So.2d 1065 (Fla. 1999), adjudicated by the...
Florida Supreme Court Establishes Standard for Ineffective Assistance Claims Concerning Plea Offers, Rejecting Requirement to Prove Court Acceptance

Florida Supreme Court Establishes Standard for Ineffective Assistance Claims Concerning Plea Offers, Rejecting Requirement to Prove Court Acceptance

Date: Apr 9, 1999
Florida Supreme Court Establishes Standard for Ineffective Assistance Claims Concerning Plea Offers, Rejecting Requirement to Prove Court Acceptance Introduction The case of James L. Cottle vs. State...
Ruiz v. State of Florida: Establishing Standards for Prosecutorial Conduct in Capital Trials

Ruiz v. State of Florida: Establishing Standards for Prosecutorial Conduct in Capital Trials

Date: Apr 2, 1999
Ruiz v. State of Florida: Establishing Standards for Prosecutorial Conduct in Capital Trials Introduction WALTER RUIZ, the appellant, was convicted by the State of Florida on charges of first-degree...
Florida Supreme Court Vacates Death Sentence in WHITE v. STATE Due to Hitchcock Error

Florida Supreme Court Vacates Death Sentence in WHITE v. STATE Due to Hitchcock Error

Date: Mar 12, 1999
Florida Supreme Court Vacates Death Sentence in WHITE v. STATE Due to Hitchcock Error Introduction In the landmark case of William N. WHITE v. STATE of Florida (729 So. 2d 909), the Supreme Court of...
Reaffirmation of Strickland's Two-Prong Test in Assessing Ineffective Assistance: RUTHERFORD v. STATE of Florida

Reaffirmation of Strickland's Two-Prong Test in Assessing Ineffective Assistance: RUTHERFORD v. STATE of Florida

Date: Mar 3, 1999
Reaffirmation of Strickland's Two-Prong Test in Assessing Ineffective Assistance: RUTHERFORD v. STATE of Florida Introduction The Supreme Court of Florida, in the case of Arthur Dennis Rutherford,...
Non-Imposition of Territorial Boundaries by PSC in Florida's Electric Utility Dispute

Non-Imposition of Territorial Boundaries by PSC in Florida's Electric Utility Dispute

Date: Feb 19, 1999
Non-Imposition of Territorial Boundaries by PSC in Florida's Electric Utility Dispute Introduction The case of Gulf Coast Electric Cooperative, Inc. v. Julia L. Johnson et al. (727 So. 2d 259)...
DADE COUNTY SCHOOL BOARD v. RADIO STATION WQBA: A Landmark on Contractual Indemnification and Equitable Subrogation

DADE COUNTY SCHOOL BOARD v. RADIO STATION WQBA: A Landmark on Contractual Indemnification and Equitable Subrogation

Date: Feb 5, 1999
DADE COUNTY SCHOOL BOARD v. RADIO STATION WQBA: A Landmark on Contractual Indemnification and Equitable Subrogation Introduction The case of Dade County School Board (DCSB) v. Radio Station WQBA...
Uniform Application of Firearm Enhancements in Sentencing: Insights from Owen L. TUCKER v. STATE of Florida

Uniform Application of Firearm Enhancements in Sentencing: Insights from Owen L. TUCKER v. STATE of Florida

Date: Jan 22, 1999
Uniform Application of Firearm Enhancements in Sentencing: Insights from Owen L. TUCKER v. STATE of Florida Introduction Owen L. TUCKER v. STATE of Florida, 726 So.2d 768 (Fla. 1999), addresses a...
Balancing Contractual Discretion and Good Faith: Cox v. CSX Intermodal Establishes New Precedent

Balancing Contractual Discretion and Good Faith: Cox v. CSX Intermodal Establishes New Precedent

Date: Jan 14, 1999
Balancing Contractual Discretion and Good Faith: Cox v. CSX Intermodal Establishes New Precedent Introduction In the landmark case of Cox v. CSX Intermodal, Inc., the District Court of Appeal of...
Affirmation of Death Sentence in Pressley Alston v. State of Florida: Comprehensive Analysis of Judicial Reasoning and Precedents

Affirmation of Death Sentence in Pressley Alston v. State of Florida: Comprehensive Analysis of Judicial Reasoning and Precedents

Date: Dec 18, 1998
Affirmation of Death Sentence in Pressley Alston v. State of Florida: Comprehensive Analysis of Judicial Reasoning and Precedents Introduction The case of Pressley Alston, Appellant, v. State of...
Supreme Court of Florida Affirms Death Penalty for Heinous, Premeditated Murder in Paul Anthony Brown Case

Supreme Court of Florida Affirms Death Penalty for Heinous, Premeditated Murder in Paul Anthony Brown Case

Date: Dec 1, 1998
Supreme Court of Florida Affirms Death Penalty for Heinous, Premeditated Murder in Paul Anthony Brown Case Introduction The case of Paul Anthony Brown v. State of Florida (721 So. 2d 274, 1998)...
Establishing the Scope of Qualified Reporter’s Privilege in Florida: State v. Davis

Establishing the Scope of Qualified Reporter’s Privilege in Florida: State v. Davis

Date: Oct 23, 1998
Establishing the Scope of Qualified Reporter’s Privilege in Florida: State of Florida v. Merlan Davis Introduction In State of Florida v. Merlan Davis, 720 So. 2d 220 (Fla. 1998), the Supreme Court...
Redefining "Accident" in Liability Insurance: Insights from State Farm Fire & Cas. Co. v. CTC Development Corp.

Redefining "Accident" in Liability Insurance: Insights from State Farm Fire & Cas. Co. v. CTC Development Corp.

Date: Oct 9, 1998
Redefining "Accident" in Liability Insurance: Insights from State Farm Fire & Casualty Co. v. CTC Development Corp. Introduction The case of State Farm Fire & Casualty Company v. CTC Development...
Marshall Lee GORE v. STATE of Florida: Reinforcing Standards Against Prosecutorial Misconduct in Capital Cases

Marshall Lee GORE v. STATE of Florida: Reinforcing Standards Against Prosecutorial Misconduct in Capital Cases

Date: Oct 2, 1998
Marshall Lee GORE v. STATE of Florida: Reinforcing Standards Against Prosecutorial Misconduct in Capital Cases Introduction The case of Marshall Lee GORE v. STATE of Florida, 719 So. 2d 1197 (Fla....
San MARTIN v. STATE of Florida: Limits on Judicial Override of Jury Sentencing in Death Penalty Cases

San MARTIN v. STATE of Florida: Limits on Judicial Override of Jury Sentencing in Death Penalty Cases

Date: Sep 10, 1998
San MARTIN v. STATE of Florida: Limits on Judicial Override of Jury Sentencing in Death Penalty Cases Introduction Pablo San MARTIN v. STATE of Florida is a pivotal 1998 decision by the Supreme Court...
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