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  • Commentaries
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Florida Case Commentaries

Terry v. State of Florida: Reevaluation of Death Penalty Proportionality

Terry v. State of Florida: Reevaluation of Death Penalty Proportionality

Date: Mar 1, 1996
Terry v. State of Florida: Reevaluation of Death Penalty Proportionality Introduction Terry v. State of Florida is a landmark case adjudicated by the Supreme Court of Florida in 1996. The appellant,...
NICA Plan Jurisdiction Clarified: Florida Supreme Court in McKaughan v. Humana of Florida

NICA Plan Jurisdiction Clarified: Florida Supreme Court in McKaughan v. Humana of Florida

Date: Mar 1, 1996
NICA Plan Jurisdiction Clarified: Florida Supreme Court in McKaughan v. Humana of Florida Introduction The case of Florida Birth-Related Neurological Injury Compensation Association v. McKaughan...
Constructive Notice of General Probation Conditions via Standardized Forms: Analysis of Florida Supreme Court's Decision in State v. Hart

Constructive Notice of General Probation Conditions via Standardized Forms: Analysis of Florida Supreme Court's Decision in State v. Hart

Date: Feb 23, 1996
Constructive Notice of General Probation Conditions via Standardized Forms: Analysis of Florida Supreme Court's Decision in State v. Hart Introduction In State of Florida v. Anthony Hart, 668 So.2d...
Florida Supreme Court Upholds Statutory Award of Attorney's Fees Under Section 768.79

Florida Supreme Court Upholds Statutory Award of Attorney's Fees Under Section 768.79

Date: Nov 28, 1995
Florida Supreme Court Upholds Statutory Award of Attorney's Fees Under Section 768.79 Introduction In the landmark case of TGI Friday's, Inc., et al. v. Marie Dvorak, the Supreme Court of Florida...
Clarifying Aggravating Factors in Death Penalty Sentencing: Kearse v. State of Florida

Clarifying Aggravating Factors in Death Penalty Sentencing: Kearse v. State of Florida

Date: Nov 10, 1995
Clarifying Aggravating Factors in Death Penalty Sentencing: Kearse v. State of Florida Introduction Kearse v. State of Florida is a landmark decision by the Supreme Court of Florida that delves into...
STATE v. DAVIS: Limits on Raising Sentencing Departure Errors in Postconviction Relief

STATE v. DAVIS: Limits on Raising Sentencing Departure Errors in Postconviction Relief

Date: Oct 26, 1995
STATE v. DAVIS: Limits on Raising Sentencing Departure Errors in Postconviction Relief Introduction STATE v. DAVIS, 661 So. 2d 1193 (Fla. 1995), adjudicated by the Supreme Court of Florida, addresses...
Florida Supreme Court Establishes Lodestar Approach for Attorney Fees in Common-Fund Class Actions

Florida Supreme Court Establishes Lodestar Approach for Attorney Fees in Common-Fund Class Actions

Date: Oct 13, 1995
Florida Supreme Court Establishes Lodestar Approach for Attorney Fees in Common-Fund Class Actions Introduction The Florida Supreme Court, in the landmark case of David Kuhnlein, et al., Appellants,...
Supreme Court of Florida Upholds Death Sentence and Confession Admissibility in JOHNSON v. STATE

Supreme Court of Florida Upholds Death Sentence and Confession Admissibility in JOHNSON v. STATE

Date: Sep 23, 1995
Supreme Court of Florida Upholds Death Sentence and Confession Admissibility in JOHNSON v. STATE Introduction Emanuel JOHNSON v. STATE of Florida (660 So. 2d 637) is a pivotal case adjudicated by the...
Good Faith Exception in Probable Cause Affidavits: Analysis of EMANUEL JOHNSON v. STATE OF FLORIDA

Good Faith Exception in Probable Cause Affidavits: Analysis of EMANUEL JOHNSON v. STATE OF FLORIDA

Date: Sep 23, 1995
Good Faith Exception in Probable Cause Affidavits: Analysis of EMANUEL JOHNSON v. STATE OF FLORIDA Introduction The case of EMANUEL JOHNSON v. STATE OF FLORIDA, decided by the Supreme Court of...
Finney v. State of Florida: Upholding Death Penalty for Pecuniary-Driven Heinous Murder

Finney v. State of Florida: Upholding Death Penalty for Pecuniary-Driven Heinous Murder

Date: Sep 19, 1995
Finney v. State of Florida: Upholding Death Penalty for Pecuniary-Driven Heinous Murder Introduction Finney v. State of Florida is a pivotal case adjudicated by the Supreme Court of Florida on...
Affirmation of Death Sentence for James Eugene Hunter: Analysis of Judicial Reasoning and Precedents

Affirmation of Death Sentence for James Eugene Hunter: Analysis of Judicial Reasoning and Precedents

Date: Sep 14, 1995
Affirmation of Death Sentence for James Eugene Hunter: Analysis of Judicial Reasoning and Precedents Introduction The case of James Eugene Hunter v. State of Florida (660 So. 2d 244) adjudicated by...
Clarifying the Right to Evidentiary Hearings for Ineffective Assistance of Counsel Claims at the Penalty Phase: CHERRY v. STATE of Florida

Clarifying the Right to Evidentiary Hearings for Ineffective Assistance of Counsel Claims at the Penalty Phase: CHERRY v. STATE of Florida

Date: Sep 1, 1995
Clarifying the Right to Evidentiary Hearings for Ineffective Assistance of Counsel Claims at the Penalty Phase: CHERRY v. STATE of Florida Introduction CHERRY v. STATE of Florida is a pivotal case...
Ensuring Jury Impartiality: The De La Rosa v. Zequeira Decision

Ensuring Jury Impartiality: The De La Rosa v. Zequeira Decision

Date: Aug 26, 1995
Ensuring Jury Impartiality: The De La Rosa v. Zequeira Decision Introduction In the landmark case Lourdes De La Rosa v. Marcos A. Zequeira, the Supreme Court of Florida addressed critical issues...
Apportionment of Damages and Setoff Exclusions in Florida Wrongful Death Cases: Insights from Wells v. Tallahassee Memorial Regional Medical Center

Apportionment of Damages and Setoff Exclusions in Florida Wrongful Death Cases: Insights from Wells v. Tallahassee Memorial Regional Medical Center

Date: Aug 25, 1995
Apportionment of Damages and Setoff Exclusions in Florida Wrongful Death Cases: Insights from Wells v. Tallahassee Memorial Regional Medical Center Introduction Wells v. Tallahassee Memorial Regional...
Prospective Application of Florida's Bad Faith Statute: STATE FARM v. LaFORET

Prospective Application of Florida's Bad Faith Statute: STATE FARM v. LaFORET

Date: Jul 25, 1995
Prospective Application of Florida's Bad Faith Statute: STATE FARM v. LaFORET Introduction State Farm Mutual Automobile Insurance Company v. Veronica Ann LaForet, et vir. (658 So. 2d 55, 1995) is a...
Emotional Conduct as a Factor in Parental Abandonment: Insights from In Re the Adoption of Baby E.A.W.

Emotional Conduct as a Factor in Parental Abandonment: Insights from In Re the Adoption of Baby E.A.W.

Date: Jul 21, 1995
Emotional Conduct as a Factor in Parental Abandonment: Insights from In Re the Adoption of Baby E.A.W. Introduction The case of In Re the Adoption of Baby E.A.W., Petitioner, v. J.S.W., et ux., et...
Retroactive Application of Hale: Establishing a Two-Year Window for Rule 3.850 Challenges

Retroactive Application of Hale: Establishing a Two-Year Window for Rule 3.850 Challenges

Date: Jul 21, 1995
Retroactive Application of Hale: Establishing a Two-Year Window for Rule 3.850 Challenges Introduction The case of State of Florida v. Albert Callaway, Jr. (658 So. 2d 983) stands as a pivotal...
Unified Standard of Review for District Court Certiorari Affirmed in Haines City Community Development v. Heggs

Unified Standard of Review for District Court Certiorari Affirmed in Haines City Community Development v. Heggs

Date: Jul 7, 1995
Unified Standard of Review for District Court Certiorari Affirmed in Haines City Community Development v. Heggs Introduction Haines City Community Development, d/b/a Parkview Village v. Leila Heggs...
Defining Appellate Certiorari Jurisdiction in Punitive Damages Cases: Globe Newspaper Co. v. King

Defining Appellate Certiorari Jurisdiction in Punitive Damages Cases: Globe Newspaper Co. v. King

Date: Jul 7, 1995
Defining Appellate Certiorari Jurisdiction in Punitive Damages Cases: Globe Newspaper Co. v. King Introduction In Globe Newspaper Company v. Matthew J. King, the Supreme Court of Florida addressed a...
Sovereign Immunity in Negligence Claims: Insights from Department of Health and Rehabilitative Services v. B.J.M.

Sovereign Immunity in Negligence Claims: Insights from Department of Health and Rehabilitative Services v. B.J.M.

Date: Jul 6, 1995
Sovereign Immunity in Negligence Claims: Insights from Department of Health and Rehabilitative Services v. B.J.M. Introduction The case of Department of Health and Rehabilitative Services,...
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