Florida Case Commentaries

Establishing Enhanced RICO Standards in Capital Sentencing: The Lugo v. State of Florida Judgment

Date: Feb 21, 2003

Establishing Enhanced RICO Standards in Capital Sentencing: The Lugo v. State of Florida Judgment Introduction The case of Daniel Lugo v. State of Florida (No. SC93994, 845 So.2d 74) represents a...

Reaffirmation of the Standards for Ineffective Assistance of Counsel and Procedural Barriers: Supreme Court of Florida Upholds Denial of Randall Scott Jones's Postconviction Relief and Habeas Corpus

Date: Feb 14, 2003

Reaffirmation of the Standards for Ineffective Assistance of Counsel and Procedural Barriers: Supreme Court of Florida Upholds Denial of Randall Scott Jones's Postconviction Relief and Habeas Corpus...

Affirmation of Death Sentence in Doorbal v. State of Florida: Upholding Aggravating Factors and Probable Cause Standards

Date: Jan 31, 2003

Affirmation of Death Sentence in Doorbal v. State of Florida: Upholding Aggravating Factors and Probable Cause Standards Introduction In the landmark case of Noel Doorbal v. State of Florida, the...

Florida Supreme Court Clarifies Jurisdictional Limits on Extraordinary Writs for Per Curiam Decisions

Date: Jan 24, 2003

Florida Supreme Court Clarifies Jurisdictional Limits on Extraordinary Writs for Per Curiam Decisions Introduction In the landmark decision Floyd Persaud, Petitioner, v. State of Florida, Respondent...

Credit for Time Served in Multiple Jurisdictions: GETHERS v. STATE

Date: Jan 17, 2003

Credit for Time Served in Multiple Jurisdictions: GETHERS v. STATE 1. Introduction Antonio GETHERS v. STATE (838 So. 2d 504) is a pivotal case decided by the Supreme Court of Florida on January 16,...

Affirmation of Death Penalty: Use of Prior Violent Felony as Aggravating Circumstance in First-Degree Murder

Date: Jan 17, 2003

Affirmation of Death Penalty: Use of Prior Violent Felony as Aggravating Circumstance in First-Degree Murder 1. Introduction The case of Charles Anderson v. State of Florida (841 So. 2d 390, Supreme...

Double Jeopardy and Resentencing: Insights from ASHLEY v. STATE

Date: Jan 10, 2003

Double Jeopardy and Resentencing: Insights from ASHLEY v. STATE Introduction The case of Columbus R. ASHLEY v. STATE of Florida (850 So. 2d 1265) adjudicated by the Supreme Court of Florida on...

Affirming Procedural Barriers and Standards for Ineffective Assistance of Counsel in Postconviction and Habeas Procedures: Spencer v. Florida

Date: Jan 10, 2003

Affirming Procedural Barriers and Standards for Ineffective Assistance of Counsel in Postconviction and Habeas Procedures: Spencer v. Florida Introduction In the landmark case of SPENCER v. STATE of...

Clarifying Heinousness and Calculated Premeditation as Aggravators in Capital Sentencing: Lynch v. State

Date: Jan 10, 2003

Clarifying Heinousness and Calculated Premeditation as Aggravators in Capital Sentencing: Lynch v. State Introduction RICHARD LYNCH, Appellant, v. STATE OF FLORIDA, Appellee is a landmark decision by...

Florida Supreme Court Expands Appellate Review and Attorney's Fee Claims in CAUFIELD v. CANTELE

Date: Dec 20, 2002

Florida Supreme Court Expands Appellate Review and Attorney's Fee Claims in CAUFIELD v. CANTELE Introduction The case of Edward B. Caufield, et al. v. Gino Cantele, et al. (837 So. 2d 371) presented...

Standard Jury Instructions and Fundamental Error: Reeves v. State of Florida

Date: Dec 20, 2002

Standard Jury Instructions and Fundamental Error: Reed v. State of Florida Introduction In the landmark case of Reed v. State of Florida, 837 So. 2d 366 (Fla. 2002), the Supreme Court of Florida...

Florida Supreme Court Establishes Exception to the Impact Rule in Cases of Statutory Confidentiality Breaches by Psychotherapists

Date: Dec 20, 2002

Florida Supreme Court Establishes Exception to the Impact Rule in Cases of Statutory Confidentiality Breaches by Psychotherapists Introduction In the landmark case of GRACEY v. EAKER, decided on...

Florida Supreme Court Establishes Flexible Standards for Probation Revocation Due to Failure to File Reports

Date: Dec 6, 2002

Florida Supreme Court Establishes Flexible Standards for Probation Revocation Due to Failure to File Reports Introduction In State of Florida v. John H. Carter (835 So. 2d 259), the Supreme Court of...

Equitable Estoppel Tolling Statute of Limitations in State Tort Claims: Florida Dep't of Health v. S.A.P.

Date: Nov 28, 2002

Equitable Estoppel Tolling Statute of Limitations in State Tort Claims: Florida Department of Health and Rehabilitative Services v. S.A.P. Introduction In the landmark case of Florida Department of...

Florida Supreme Court Upholds Capital Sentencing in KING v. MOORE Amid RING v. ARIZONA Developments

Date: Oct 25, 2002

Florida Supreme Court Upholds Capital Sentencing in KING v. MOORE Amid RING v. ARIZONA Developments Introduction In the landmark case Amos Lee King v. Michael W. Moore (831 So. 2d 143), the Supreme...

Florida Supreme Court Validates Capital Sentencing Procedures in BOTTOSON v. MOORE

Date: Oct 25, 2002

Florida Supreme Court Validates Capital Sentencing Procedures in BOTTOSON v. MOORE Introduction In the landmark case Linroy Bottoson v. Michael W. Moore, et al., the Supreme Court of Florida...

Mandatory Time Limits in Civil Commitment Proceedings: STATE v. GOODE

Date: Oct 18, 2002

Mandatory Time Limits in Civil Commitment Proceedings: STATE v. GOODE Introduction State of Florida, Appellant, v. Darren Jerome Goode, Appellee. (830 So. 2d 817) is a landmark decision by the...

Comprehensive Commentary on WESTERHEIDE v. STATE of Florida: Upholding the Jimmy Ryce Act

Date: Oct 18, 2002

Comprehensive Commentary on WESTERHEIDE v. STATE of Florida: Upholding the Jimmy Ryce Act Introduction WESTERHEIDE v. STATE of Florida, 831 So. 2d 93 (Fla. 2002), is a landmark case adjudicated by...

Supreme Court Clarifies 'No Cause' Determination Requirements under Florida Civil Rights Act in Woodham v. Blue Cross Blue Shield

Date: Oct 11, 2002

Supreme Court Clarifies 'No Cause' Determination Requirements under Florida Civil Rights Act in Woodham v. Blue Cross Blue Shield Introduction Woodham v. Blue Cross Blue Shield of Florida, Inc., 829...

Restricting Prior Bad Acts as Impeachment: ROBERTSON v. STATE

Date: Oct 11, 2002

Restricting Prior Bad Acts as Impeachment: ROBERTSON v. STATE [829 So.2d 901] Introduction ROBERTSON v. STATE, adjudicated by the Supreme Court of Florida on October 10, 2002, presents a significant...