Florida Case Commentaries

Foreseeability in Duty and Proximate Causation: Insights from McCain v. Florida Power Corporation

Date: Mar 5, 1992

Foreseeability in Duty and Proximate Causation: Insights from McCain v. Florida Power Corporation Introduction Case: Thomas McCain, Petitioner, v. Florida Power Corporation, Respondent. Court:...

Collateral Consequences Prevent Mootness in Involuntary Commitment Appeals: GODWIN v. STATE

Date: Mar 4, 1992

Collateral Consequences Prevent Mootness in Involuntary Commitment Appeals: GODWIN v. STATE Introduction Shirley Godwin, the petitioner, was involuntarily committed to the Florida State Hospital...

REYNOLDS v. STATE: Guidelines on Handcuff Use and Consent During Investigatory Stops

Date: Feb 26, 1992

REYNOLDS v. STATE: Guidelines on Handcuff Use and Consent During Investigatory Stops Introduction REYNOLDS v. STATE, 592 So.2d 1082 (Fla. 1992), adjudicated by the Supreme Court of Florida, addresses...

Revisiting Postconviction Relief Standards: The JONES v. STATE Decision

Date: Feb 1, 1992

Revisiting Postconviction Relief Standards: The JONES v. STATE Decision 1. Introduction In Leo Alexander JONES v. STATE of Florida, 591 So. 2d 911 (Fla. 1992), the Supreme Court of Florida addressed...

Florida Supreme Court Establishes Limitation on Victim-Injury Points in Sexual Offense Sentencing

Date: Jan 17, 1992

Florida Supreme Court Establishes Limitation on Victim-Injury Points in Sexual Offense Sentencing Introduction The Florida Supreme Court's decision in KARCHESKY v. STATE, 591 So.2d 930 (Fla. 1992),...

Establishment of the Mailbox Rule for Pro Se Inmates under Florida Rule 3.850

Date: Jan 3, 1992

Establishment of the Mailbox Rule for Pro Se Inmates under Florida Rule 3.850 Introduction The case of James J. HAAG v. STATE of Florida, decided by the Supreme Court of Florida on January 2, 1992,...

Upholding the Florida Contraband Forfeiture Act with Due Process Safeguards

Date: Dec 3, 1991

Upholding the Florida Contraband Forfeiture Act with Due Process Safeguards Introduction The case of Department of Law Enforcement v. Real Property, Etc., decided by the Supreme Court of Florida on...

Severability and Constitutional Boundaries in Child Exploitation Statutes: SCHMITT v. STATE of Florida

Date: Nov 15, 1991

Severability and Constitutional Boundaries in Child Exploitation Statutes: SCHMITT v. STATE of Florida Introduction SCHMITT v. STATE of Florida, 590 So. 2d 404 (Fla. 1991), is a pivotal case...

Prosecutorial Conduct in Sentencing: Perry Alexander Taylor v. State of Florida

Date: Aug 21, 1991

Prosecutorial Conduct in Sentencing: Perry Alexander Taylor v. State of Florida Introduction Perry Alexander Taylor v. State of Florida, 583 So. 2d 323 (Fla. 1991), is a landmark case adjudicated by...

Single Subject Requirement in Workers' Compensation Law: Martinez v. Scanlan Analysis

Date: Aug 14, 1991

Single Subject Requirement in Workers' Compensation Law: Martinez v. Scanlan Analysis Introduction The case of Martinez, et al. v. Scanlan, et al. (582 So. 2d 1167) adjudicated by the Supreme Court...

Florida Supreme Court Refines Anders Doctrine: Preserving Indigent Appellants' Pro Se Rights in Appeals with Minimal Sentencing Errors

Date: May 31, 1991

Florida Supreme Court Refines Anders Doctrine: Preserving Indigent Appellants' Pro Se Rights in Appeals with Minimal Sentencing Errors Introduction In the landmark decision of IN RE Appellate Court...

BEASLEY v. STATE: Establishing Due Process Standards for Imposing Costs on Indigent Defendants

Date: May 10, 1991

BEASLEY v. STATE: Establishing Due Process Standards for Imposing Costs on Indigent Defendants Introduction In the landmark case of State of Florida v. Gary Stephen Beasley, the Supreme Court of...

Trotter v. State of Florida: Resentencing Due to Improper Consideration of Community Control

Date: Apr 5, 1991

Trotter v. State of Florida: Resentencing Due to Improper Consideration of Community Control Introduction Trotter v. State of Florida, 576 So. 2d 691 (Fla. 1991), is a landmark case decided by the...

Terminating Parental Rights Based on Prior Abuse: Padgett v. Department of Health and Rehabilitative Services

Date: Mar 29, 1991

Terminating Parental Rights Based on Prior Abuse: Padgett v. Department of Health and Rehabilitative Services Introduction In Padgett v. Department of Health and Rehabilitative Services (577 So. 2d...

Professional Goodwill Recognized as Marital Asset in Divorce Proceedings: THOMPSON v. THOMPSON

Date: Mar 27, 1991

Professional Goodwill Recognized as Marital Asset in Divorce Proceedings: THOMPSON v. THOMPSON Introduction The case of William deForest Thompson v. Tobitha Thompson, 576 So. 2d 267 (Fla. 1991),...

Insurance Carrier Standing in Attorney Conflict of Interest: State Farm Mutual Auto Ins. Co. v. K.A.W.

Date: Mar 19, 1991

Insurance Carrier Standing in Attorney Conflict of Interest: State Farm Mutual Auto Ins. Co. v. K.A.W. Introduction The case State Farm Mutual Automobile Insurance Company v. K.A.W., etc., et al....

Strict Construction of 'Forcible Felony' in Self-Defense Claims: Florida Supreme Court Establishes Precedent

Date: Mar 15, 1991

Strict Construction of 'Forcible Felony' in Self-Defense Claims: Florida Supreme Court Establishes Precedent Introduction The case of MARCUS PERKINS, ET AL., PETITIONERS, v. STATE OF FLORIDA,...

Substantial Mitigation Renders Death Penalty Disproportional: NIBERT v. STATE of Florida

Date: Mar 7, 1991

Substantial Mitigation Renders Death Penalty Disproportional: NIBERT v. STATE of Florida Introduction Billy Ray Nibert, Appellant v. State of Florida, Appellee is a seminal case decided by the...

Defendant's Knowledge in Drug Trafficking Cases: New Precedent from DELVA v. STATE

Date: Feb 22, 1991

Defendant's Knowledge in Drug Trafficking Cases: New Precedent from DELVA v. STATE Introduction The landmark case of State of Florida v. Batraville Vincent Delva, decided by the Supreme Court of...

Operational Accountability in Juvenile Detention: Insights from Department of Health Rehabilitative Services v. Whaley

Date: Feb 21, 1991

Operational Accountability in Juvenile Detention: Insights from Department of Health Rehabilitative Services v. Whaley Introduction The case of Department of Health Rehabilitative Services v. Whaley,...

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