Florida Case Commentaries

Florida Supreme Court Upholds State Attorney's Discretion in Mandatory Sentencing under the Prison Releasee Reoffender Act

Date: Jun 16, 2000

Florida Supreme Court Upholds State Attorney's Discretion in Mandatory Sentencing under the Prison Releasee Reoffender Act Introduction The case of State of Florida v. Sammy Cotton and Nathaniel...

Enforcement of Choice-of-Law Provisions in Fraudulently Procured Settlements: An Analysis of Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co.

Date: Jun 9, 2000

Enforcement of Choice-of-Law Provisions in Fraudulently Procured Settlements: An Analysis of Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co. Introduction The case of Mazzoni Farms, Inc., et al....

FREEMAN v. STATE of Florida: Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: Jun 9, 2000

FREEMAN v. STATE of Florida: Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction The case of John D. Freeman v. State of Florida, reported as 761 So. 2d 1055,...

Single Subject Rule Violation in Sentencing Guidelines: Insights from TRAPP v. STATE of Florida

Date: Jun 2, 2000

Single Subject Rule Violation in Sentencing Guidelines: Insights from TRAPP v. STATE of Florida Introduction The case of Xzavier TRAPP v. STATE of Florida, 760 So. 2d 924 (Supreme Court of Florida,...

Reversal of Death Sentence in Brooks v. State of Florida: Establishing Limits on Prosecutorial Conduct in Capital Sentencing

Date: May 26, 2000

Reversal of Death Sentence in Brooks v. State of Florida: Establishing Limits on Prosecutorial Conduct in Capital Sentencing Introduction In Brooks v. State of Florida, 762 So. 2d 879 (Fla. 2000),...

Florida Supreme Court Establishes Limits on Public School Impact Fees for Age-Restricted Housing

Date: May 19, 2000

Florida Supreme Court Establishes Limits on Public School Impact Fees for Age-Restricted Housing Introduction In the landmark case of Volusia County, etc., et al. v. Aberdeen at Ormond Beach, L.P.,...

Correcting Fundamental Sentencing Errors on Direct Appeal: Insights from MADDOX v. STATE and Consolidated Cases

Date: May 12, 2000

Correcting Fundamental Sentencing Errors on Direct Appeal: Insights from Maddox v. State and Consolidated Cases Introduction The Supreme Court of Florida addressed a critical issue concerning the...

LEONARD v. STATE of Florida: Clarifying Appellate Jurisdiction After Guilty Pleas

Date: May 12, 2000

LEONARD v. STATE of Florida: Clarifying Appellate Jurisdiction After Guilty Pleas Introduction In David LEONARD v. STATE of Florida, 760 So. 2d 114 (Sup. Ct. Fla., 2000), the Supreme Court of Florida...

Interpretation of "Payable" in Florida Statute 627.736(3): Implications for PIP Benefits Set-Offs

Date: May 5, 2000

Interpretation of "Payable" in Florida Statute 627.736(3): Implications for PIP Benefits Set-Offs Introduction In the case of Jane Rollins, et al. v. Michael Pizzarelli, et al., the Supreme Court of...

Affirmation of Death Penalty in Fred Lewis WAY v. STATE of Florida: Implications for Brady Claims and Aggravating Circumstances

Date: Apr 21, 2000

Affirmation of Death Penalty in Fred Lewis WAY v. STATE of Florida: Implications for Brady Claims and Aggravating Circumstances Introduction The case of Fred Lewis WAY v. STATE of Florida (760 So. 2d...

Florida Supreme Court Establishes Two-Year Limitation for Rule 3.172(c)(8) Violations Under Rule 3.850

Date: Apr 14, 2000

Florida Supreme Court Establishes Two-Year Limitation for Rule 3.172(c)(8) Violations Under Rule 3.850 Introduction The case of Roan Peart, Jorge Prieto, and Victor William Ross v. State of Florida...

Affirmation of Procedural Strictness in Postconviction Habeas Corpus: THOMPSON v. STATE of Florida

Date: Apr 14, 2000

Affirmation of Procedural Strictness in Postconviction Habeas Corpus: THOMPSON v. STATE of Florida Introduction The case of William L. Thompson versus the State of Florida, adjudicated by the Supreme...

Affirming Heinous and Cruel Aggravating Factors in Death Penalty Sentencing

Date: Mar 31, 2000

Affirming Heinous and Cruel Aggravating Factors in Death Penalty Sentencing Introduction The case of Scott Mansfield v. State of Florida (758 So. 2d 636) presents a profound examination of the...

New Precedent on Liability Coverage Stacking in Multi-Vehicle Insurance Policies: Auto-Owners Insurance Co. v. Anderson

Date: Mar 24, 2000

New Precedent on Liability Coverage Stacking in Multi-Vehicle Insurance Policies: Auto-Owners Insurance Co. v. Anderson Introduction In the landmark case of Auto-Owners Insurance Company v. Karen...

Interpretation of "City-Owned Facility" in Territorial Agreements: Insights from CITY OF HOMESTEAD v. JULIA L. JOHNSON

Date: Mar 17, 2000

Interpretation of "City-Owned Facility" in Territorial Agreements: Insights from CITY OF HOMESTEAD v. JULIA L. JOHNSON Introduction The case City of Homestead, Appellant, vs. Julia L. Johnson, etc.,...

Affirmation of Procedural Standards and Ineffective Assistance of Counsel in Post-Conviction Relief: BROWN v. STATE of Florida

Date: Mar 10, 2000

Affirmation of Procedural Standards and Ineffective Assistance of Counsel in Post-Conviction Relief: BROWN v. STATE of Florida Introduction In Paul Alfred Brown, Jr. v. State of Florida, reported at...

Intentional Tort Exception to Workers' Compensation Immunity: TURNER v. PCR, INC.

Date: Mar 3, 2000

Intentional Tort Exception to Workers' Compensation Immunity: TURNER v. PCR, INC. Introduction TURNER v. PCR, INC., 754 So. 2d 683 (Fla. 2000) is a landmark case in Florida jurisprudence that...

Expansion of Bad Faith Claims in Underinsured Motorist Policies: Vest v. Travelers Insurance Co.

Date: Mar 3, 2000

Expansion of Bad Faith Claims in Underinsured Motorist Policies: Vest v. Travelers Insurance Co. Introduction The case of Jana P. Vest vs. Travelers Insurance Company serves as a pivotal moment in...

RIECHMANN v. STATE (777 So. 2d 342): Affirming Standards for Ineffective Assistance of Counsel and Judicial Impartiality in Sentencing

Date: Feb 25, 2000

RIECHMANN v. STATE (777 So. 2d 342): Affirming Standards for Ineffective Assistance of Counsel and Judicial Impartiality in Sentencing Introduction RIECHMANN v. STATE, 777 So. 2d 342, adjudicated by...

Florida Supreme Court Declares Chapter 95-184 Unconstitutional for Violating Single Subject Rule

Date: Feb 18, 2000

Florida Supreme Court Declares Chapter 95-184 Unconstitutional for Violating Single Subject Rule Introduction The case of Curtis Leon Heggs versus the State of Florida reached the Supreme Court of...