Florida Case Commentaries

Affirmation and Remand in Postconviction Relief: GASKIN v. STATE of Florida

Date: Jul 2, 1999

A Comprehensive Analysis of GASKIN v. STATE of Florida: Establishing the Need for Evidentiary Hearings in Ineffective Assistance of Counsel Claims Introduction GASKIN v. STATE of Florida (737 So. 2d...

Florida Supreme Court Establishes Liability Beyond Economic Loss Rule in Professional Negligence Cases

Date: Jul 2, 1999

Florida Supreme Court Establishes Liability Beyond Economic Loss Rule in Professional Negligence Cases Introduction In the landmark case of MORANSAIS v. HEATHMAN, 744 So.2d 973 (Fla. 1999), the...

Affirmation of Procedural Bars and Standards for Effective Counsel in TEFFETELLER v. DUGGER

Date: Jun 18, 1999

Affirmation of Procedural Bars and Standards for Effective Counsel in TEFFETELLER v. DUGGER Introduction TEFFETELLER v. DUGGER, 734 So. 2d 1009 (Fla. Supreme Court, 1999), is a pivotal case that...

Recognition of Intentional Interference with Custodial Parent-Child Relationships in Florida: STONE v. WALL (1999)

Date: Jun 18, 1999

Recognition of Intentional Interference with Custodial Parent-Child Relationships in Florida: STONE v. WALL (1999) Introduction STONE v. WALL is a landmark case decided by the Supreme Court of...

Belated Postconviction Relief and Legal Malpractice in STEELE v. KEHOE

Date: May 28, 1999

Belated Postconviction Relief and Legal Malpractice in STEELE v. KEHOE Introduction STEELE v. KEHOE (747 So. 2d 931, Supreme Court of Florida, 1999) addresses critical issues concerning legal...

Limiting Writ of Error Coram Nobis to Florida Rule 3.850 Timeframes: WOOD v. STATE

Date: May 28, 1999

Limiting Writ of Error Coram Nobis to Florida Rule 3.850 Timeframes: WOOD v. STATE Introduction Robert Earl WOOD v. STATE of Florida is a pivotal case decided by the Supreme Court of Florida on May...

Clarifying Procedural Barriers in Postconviction Relief: DOWNS v. STATE of Florida

Date: May 21, 1999

Clarifying Procedural Barriers in Postconviction Relief: DOWNS v. STATE of Florida Introduction DOWNS v. STATE of Florida, 740 So. 2d 506 (Fla. 1999), is a pivotal decision by the Supreme Court of...

Florida Supreme Court Establishes Discretionary Jurisdiction Protocol for Habeas Corpus Petitions

Date: May 7, 1999

Florida Supreme Court Establishes Discretionary Jurisdiction Protocol for Habeas Corpus Petitions Introduction In the case of William Gary Harvard a/k/a Darrell Small vs. Harry K. Singletary, etc.,...

Disbarment Upheld: Continuing Disciplinary Jurisdiction and Ethical Obligations of Suspended Attorneys

Date: May 7, 1999

Disbarment Upheld: Continuing Disciplinary Jurisdiction and Ethical Obligations of Suspended Attorneys Introduction The case of The Florida Bar, Complainant, v. Alec Joseph Ross, 732 So. 2d 1037...

ALLSTATE INSURANCE CO. v. BOECHER: Supreme Court of Florida Permits Discovery of Party’s Relationship with Expert Witnesses

Date: Apr 23, 1999

ALLSTATE INSURANCE CO. v. BOECHER: Supreme Court of Florida Permits Discovery of Party’s Relationship with Expert Witnesses Introduction The Supreme Court of Florida, in the landmark case Allstate...

Proportionality in Capital Sentencing: Insights from Woods v. State of Florida

Date: Apr 16, 1999

Proportionality in Capital Sentencing: Insights from Woods v. State of Florida Introduction Woods v. State of Florida (733 So. 2d 980, 1999) is a landmark decision by the Supreme Court of Florida...

Restitution Over Imprisonment: Analysis of STATE v. BANKS Establishing the Weight of Restitution in Sentencing Departures

Date: Apr 16, 1999

Restitution Over Imprisonment: Analysis of STATE v. BANKS Establishing the Weight of Restitution in Sentencing Departures Introduction STATE v. BANKS, 732 So.2d 1065 (Fla. 1999), adjudicated by the...

Florida Supreme Court Establishes Standard for Ineffective Assistance Claims Concerning Plea Offers, Rejecting Requirement to Prove Court Acceptance

Date: Apr 9, 1999

Florida Supreme Court Establishes Standard for Ineffective Assistance Claims Concerning Plea Offers, Rejecting Requirement to Prove Court Acceptance Introduction The case of James L. Cottle vs. State...

Ruiz v. State of Florida: Establishing Standards for Prosecutorial Conduct in Capital Trials

Date: Apr 2, 1999

Ruiz v. State of Florida: Establishing Standards for Prosecutorial Conduct in Capital Trials Introduction WALTER RUIZ, the appellant, was convicted by the State of Florida on charges of first-degree...

Florida Supreme Court Vacates Death Sentence in WHITE v. STATE Due to Hitchcock Error

Date: Mar 12, 1999

Florida Supreme Court Vacates Death Sentence in WHITE v. STATE Due to Hitchcock Error Introduction In the landmark case of William N. WHITE v. STATE of Florida (729 So. 2d 909), the Supreme Court of...

Reaffirmation of Strickland's Two-Prong Test in Assessing Ineffective Assistance: RUTHERFORD v. STATE of Florida

Date: Mar 3, 1999

Reaffirmation of Strickland's Two-Prong Test in Assessing Ineffective Assistance: RUTHERFORD v. STATE of Florida Introduction The Supreme Court of Florida, in the case of Arthur Dennis Rutherford,...

Non-Imposition of Territorial Boundaries by PSC in Florida's Electric Utility Dispute

Date: Feb 19, 1999

Non-Imposition of Territorial Boundaries by PSC in Florida's Electric Utility Dispute Introduction The case of Gulf Coast Electric Cooperative, Inc. v. Julia L. Johnson et al. (727 So. 2d 259)...

DADE COUNTY SCHOOL BOARD v. RADIO STATION WQBA: A Landmark on Contractual Indemnification and Equitable Subrogation

Date: Feb 5, 1999

DADE COUNTY SCHOOL BOARD v. RADIO STATION WQBA: A Landmark on Contractual Indemnification and Equitable Subrogation Introduction The case of Dade County School Board (DCSB) v. Radio Station WQBA...

Uniform Application of Firearm Enhancements in Sentencing: Insights from Owen L. TUCKER v. STATE of Florida

Date: Jan 22, 1999

Uniform Application of Firearm Enhancements in Sentencing: Insights from Owen L. TUCKER v. STATE of Florida Introduction Owen L. TUCKER v. STATE of Florida, 726 So.2d 768 (Fla. 1999), addresses a...

Balancing Contractual Discretion and Good Faith: Cox v. CSX Intermodal Establishes New Precedent

Date: Jan 14, 1999

Balancing Contractual Discretion and Good Faith: Cox v. CSX Intermodal Establishes New Precedent Introduction In the landmark case of Cox v. CSX Intermodal, Inc., the District Court of Appeal of...