Florida Case Commentaries

Establishing Presumption of Tenancy by the Entireties in Joint Bank Accounts: Insights from Beal Bank, SSB v. Almand and Associates

Date: Mar 2, 2001

Establishing Presumption of Tenancy by the Entireties in Joint Bank Accounts: Insights from Beal Bank, SSB v. Almand and Associates Introduction The Supreme Court of Florida's decision in Beal Bank,...

Affirming Death Penalty: Standards for Avoid Arrest and CCP Aggravators in Foster v. State

Date: Jan 23, 2001

Affirming Death Penalty: Standards for Avoid Arrest and CCP Aggravators in Foster v. State Introduction Foster v. State, 778 So. 2d 906 (2001), is a pivotal case in the Supreme Court of Florida that...

Establishing Mandatory Presentence Investigations in Capital Cases: Muhammad v. State of Florida

Date: Jan 19, 2001

Establishing Mandatory Presentence Investigations in Capital Cases: Muhammad v. State of Florida Introduction Akeem Muhammad v. State of Florida (782 So. 2d 343) is a landmark decision by the Supreme...

Establishing Class Action Certification under Florida Deceptive and Unfair Trade Practices Act Without Individual Reliance

Date: Dec 30, 2000

Establishing Class Action Certification under Florida Deceptive and Unfair Trade Practices Act Without Individual Reliance Introduction In the landmark case of Raymond T. Davis and William R. Eddy v....

Delgado v. State of Florida: Narrowing the 'Remaining In' Standard in Burglary

Date: Dec 15, 2000

Delgado v. State of Florida: Narrowing the 'Remaining In' Standard in Burglary Introduction JESUS DELGADO v. STATE OF FLORIDA (776 So. 2d 233) is a landmark decision by the Supreme Court of Florida...

Expansion of Attorney's Fees Recovery Under Florida PIP Law in ALLSTATE INSURANCE CO. v. IVEY

Date: Dec 8, 2000

Expansion of Attorney's Fees Recovery Under Florida PIP Law in ALLSTATE INSURANCE CO. v. IVEY Introduction Farren Ivey v. Allstate Insurance Co., decided on December 7, 2000, by the Supreme Court of...

Florida Supreme Court Upholds Concurrent Habitual Felony and Prison Releasee Reoffender Sentences Without Violating Double Jeopardy

Date: Nov 3, 2000

Florida Supreme Court Upholds Concurrent Habitual Felony and Prison Releasee Reoffender Sentences Without Violating Double Jeopardy Introduction The case of Kenneth GRANT v. STATE of Florida (770 So....

Beasley v. State of Florida: Upholding the Death Penalty through Heinous Aggravators and Pecuniary Gain in Capital Murder Cases

Date: Oct 27, 2000

Beasley v. State of Florida: Upholding the Death Penalty through Heinous Aggravators and Pecuniary Gain in Capital Murder Cases Introduction Case Title: Curtis W. Beasley, Appellant, v. State of...

Rutherford v. Moore: Clarifying the Boundaries of Ineffective Assistance of Appellate Counsel in Habeas Corpus Proceedings

Date: Oct 13, 2000

Rutherford v. Moore: Clarifying the Boundaries of Ineffective Assistance of Appellate Counsel in Habeas Corpus Proceedings Introduction Arthur Dennis Rutherford v. Michael W. Moore is a significant...

Florida Supreme Court Establishes Totality of Circumstances Standard for Dependency Based on Parental Sexual Abuse

Date: Oct 13, 2000

Florida Supreme Court Establishes Totality of Circumstances Standard for Dependency Based on Parental Sexual Abuse Introduction In the landmark case IN THE INTEREST OF M.F. and M.F., etc. R. F.,...

Florida Supreme Court Clarifies Discovery Obligations on Changed Testimony and Oral Statements in State v. Evans

Date: Oct 6, 2000

Florida Supreme Court Clarifies Discovery Obligations on Changed Testimony and Oral Statements in State of Florida v. Bernard Evans Introduction State of Florida v. Bernard Evans, 770 So. 2d 1174...

Ineffective Assistance of Counsel in Capital Sentencing: An Analysis of State v. Cherry

Date: Sep 29, 2000

Ineffective Assistance of Counsel in Capital Sentencing: An Analysis of State v. Cherry Introduction State v. Roger Lee Cherry (781 So. 2d 1040, Supreme Court of Florida, September 28, 2000) is a...

Delayed Discovery Doctrine Applied to Accrual of Cause of Action in Childhood Sexual Abuse Cases

Date: Sep 15, 2000

Delayed Discovery Doctrine Applied to Accrual of Cause of Action in Childhood Sexual Abuse Cases Introduction The case of Paula Jean Hearndon v. Kenneth L. Graham addresses a critical issue in tort...

Armstrong v. Harris: Reinforcing the Accuracy Requirement for Constitutional Amendments in Florida

Date: Sep 8, 2000

Armstrong v. Harris: Reinforcing the Accuracy Requirement for Constitutional Amendments in Florida Introduction In the landmark case of Armstrong v. Harris, 773 So. 2d 7 (Fla. 2000), the Supreme...

Supreme Court of Florida Establishes Four-Year Statute of Limitations in Absence of Commission's Determination

Date: Sep 1, 2000

Supreme Court of Florida Establishes Four-Year Statute of Limitations in Absence of Commission's Determination Introduction In the landmark case DENEACE M. JOSHUA v. CITY OF GAINESVILLE (768 So. 2d...

Standardization of Relief for Improper, Unobjected-To Closing Arguments in Florida Civil Cases

Date: Aug 18, 2000

Standardization of Relief for Improper, Unobjected-To Closing Arguments in Florida Civil Cases Introduction The case of Robert Murphy and Technology Innovations International, Inc. v. International...

Assessing the Weight of Nonstatutory Mitigating Factors in Death Penalty Sentencing: Insights from Trease v. State of Florida

Date: Aug 18, 2000

Assessing the Weight of Nonstatutory Mitigating Factors in Death Penalty Sentencing: Insights from Trease v. State of Florida Introduction Robert Trease v. State of Florida, 768 So. 2d 1050 (Fla....

ASAY v. STATE of Florida: Standards for Judicial Recusal and Ineffective Assistance in Postconviction Relief

Date: Jun 30, 2000

ASAY v. STATE of Florida: Standards for Judicial Recusal and Ineffective Assistance in Postconviction Relief Introduction Case Citation: Marc James Asay, Appellant v. State of Florida, Appellee. (769...

Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel: Insights from OCCHICONE v. STATE

Date: Jun 30, 2000

Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel: Insights from OCCHICONE v. STATE Introduction OCCHICONE v. STATE of Florida, 768 So. 2d 1037 (Fla. 2000), adjudicated...

Prohibition of Opinion Testimony on Defendant's Guilt in Closing Arguments

Date: Jun 16, 2000

Prohibition of Opinion Testimony on Defendant's Guilt in Closing Arguments Introduction The case of Joaquin J. Martinez v. State of Florida (761 So. 2d 1074) adjudicated by the Supreme Court of...