Florida Case Commentaries

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...

Reaffirming the Collateral Source Rule: SHEFFIELD v. SUPERIOR INSURANCE CO. Sets New Precedent

Date: Oct 26, 2001

Reaffirming the Collateral Source Rule: SHEFFIELD v. SUPERIOR INSURANCE CO. Sets New Precedent Introduction In the landmark case of Mary Ann SHEFFIELD v. SUPERIOR INSURANCE COmpany, the Supreme Court...

Affirmation of Death Penalty in CARD v. STATE: A Comprehensive Legal Analysis

Date: Oct 12, 2001

Affirmation of Death Penalty in CARD v. STATE: A Comprehensive Legal Analysis Introduction James Armando Card was convicted of first-degree murder, robbery, and kidnapping, culminating in a death...

Correction of Illegal Habitual Offender Sentences Under Rule 3.800(a): Insights from Bover v. State

Date: Oct 5, 2001

Correction of Illegal Habitual Offender Sentences Under Rule 3.800(a): Insights from Bover v. State Introduction The case of Jesus Bover v. State, adjudicated by the Supreme Court of Florida on...

Affirmation of Trial Court's Denial of Postconviction Relief in WATERHOUSE v. STATE

Date: Aug 24, 2001

Affirmation of Trial Court's Denial of Postconviction Relief in WATERHOUSE v. STATE Introduction WATERHOUSE v. STATE (792 So. 2d 1176) is a seminal decision by the Supreme Court of Florida addressing...

Equitable Estoppel Remains Viable Despite Strict Statutory Tolling in Florida

Date: Jul 13, 2001

Equitable Estoppel Remains Viable Despite Strict Statutory Tolling in Florida Introduction The case of MORSANI v. MAJOR LEAGUE BASEBALL, decided by the Supreme Court of Florida on July 12, 2001,...

Accrual of Negligence Claims and Judicial Estoppel in Insurance Cases: Blumberg v. USAA Casualty Insurance Co.

Date: Jul 13, 2001

Accrual of Negligence Claims and Judicial Estoppel in Insurance Cases: Blumberg v. USAA Casualty Insurance Co. Introduction The case of Richard Blumberg v. USAA Casualty Insurance Company, reported...

Harris v. State of Florida: Limitation of Habeas Corpus in Addressing Procedural Rights During Resentencing

Date: Jun 22, 2001

Harris v. State of Florida: Limitation of Habeas Corpus in Addressing Procedural Rights During Resentencing Introduction In Leonard A. Harris v. State of Florida (789 So. 2d 1114), the District Court...

Florida Supreme Court Affirms Limitations on Homestead Exemption Amidst Fraudulent Conveyances

Date: Jun 22, 2001

Florida Supreme Court Affirms Limitations on Homestead Exemption Amidst Fraudulent Conveyances Introduction In the landmark case of Havoco of America, Ltd. v. Elmer C. Hill, the Supreme Court of...

Standard of Certiorari Review in Land Use Decisions: Broward County v. G.B.V. International

Date: Jun 8, 2001

Standard of Certiorari Review in Land Use Decisions: Broward County v. G.B.V. International Introduction In Broward County, Petitioner, v. G.B.V. International, Ltd., 787 So. 2d 838 (Fla. 2001), the...

Affirmation of Effective Counsel's Strategic Concessions in Penalty Phase: ATWATER v. STATE of Florida

Date: Jun 8, 2001

Affirmation of Effective Counsel's Strategic Concessions in Penalty Phase: ATWATER v. STATE of Florida Introduction Jeffrey Lee Atwater was convicted of first-degree murder and robbery in the State...

Clarifying the Correction of Illegal Habitual Offender Sentences in Life Felony Cases: Analysis of CARTER v. STATE

Date: May 25, 2001

Clarifying the Correction of Illegal Habitual Offender Sentences in Life Felony Cases: Analysis of CARTER v. STATE Introduction CARTER v. STATE, 786 So. 2d 1173 (Fla. 2001), is a landmark decision by...

Presumption of Negligence for Rear Drivers: Insights from Clampitt v. Spencer Sales

Date: May 11, 2001

Presumption of Negligence for Rear Drivers: Insights from Clampitt v. Spencer Sales Introduction Clampitt v. Spencer Sales (786 So. 2d 570, Supreme Court of Florida, 2001) is a landmark case that...

Affirmation of Denial of Postconviction Relief: Strickland Analysis in Capital Sentencing

Date: May 4, 2001

Affirmation of Denial of Postconviction Relief: Strickland Analysis in Capital Sentencing Introduction George Porter, Jr., a death row inmate in Florida, appealed the denial of his motion for...

Glatzmayer Decision: Police Obligations When Suspect Inquires About Counsel Post-Miranda Waiver

Date: May 4, 2001

Glatzmayer Decision: Police Obligations When Suspect Inquires About Counsel Post-Miranda Waiver Introduction The case of State of Florida v. Brian L. Glatzmayer (789 So. 2d 297) adjudicated by the...

Reaffirmation of Felony Murder and Death Penalty Proportionality in Stephens v. State of Florida

Date: Mar 16, 2001

Reaffirmation of Felony Murder and Death Penalty Proportionality in Stephens v. State of Florida Introduction Jason Demetrius Stephens v. State of Florida, 787 So. 2d 747 (2001), adjudicated by the...

Supreme Court of Florida Affirms CDA §230 Immunity for ISPs in DOE v. AMERICA ONLINE, INC.

Date: Mar 9, 2001

Supreme Court of Florida Affirms CDA §230 Immunity for ISPs in DOE v. AMERICA ONLINE, INC. Introduction In DOE v. AMERICA ONLINE, INC., 783 So. 2d 1010 (Fla. 2001), the Supreme Court of Florida...

Establishing Premeditation and Conspiracy in Capital Murder: Comprehensive Commentary on Donald Lee Bradley v. State of Florida

Date: Mar 2, 2001

Establishing Premeditation and Conspiracy in Capital Murder: Comprehensive Commentary on Donald Lee Bradley v. State of Florida Introduction The case of Donald Lee Bradley v. State of Florida (787...