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  • Commentaries
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Florida Case Commentaries

De Facto Judges and Waiver: An Analysis of CARD v. STATE of Florida

De Facto Judges and Waiver: An Analysis of CARD v. STATE of Florida

Date: Dec 23, 1986
De Facto Judges and Waiver: An Analysis of CARD v. STATE of Florida Introduction CARD v. STATE of Florida (497 So. 2d 1169) is a landmark decision by the Supreme Court of Florida, delivered on...
Mandatory Jury Instructions on Necessarily Lesser Included Offenses: Florida v. Wimberly

Mandatory Jury Instructions on Necessarily Lesser Included Offenses: Florida v. Wimberly

Date: Dec 12, 1986
Mandatory Jury Instructions on Necessarily Lesser Included Offenses: Florida v. Wimberly Introduction The case of State of Florida v. Jeffrey Wimberly, adjudicated by the Supreme Court of Florida on...
Florida Supreme Court Clarifies Exclusionary Clauses for Conversion in Auto Insurance Policies

Florida Supreme Court Clarifies Exclusionary Clauses for Conversion in Auto Insurance Policies

Date: Nov 27, 1986
Florida Supreme Court Clarifies Exclusionary Clauses for Conversion in Auto Insurance Policies Introduction The case of State Farm Mutual Automobile Insurance Company v. Louis G. Pridgen, et al....
Fischer v. Knuck: Establishing the Boundaries of Timely Judicial Disqualification in Florida

Fischer v. Knuck: Establishing the Boundaries of Timely Judicial Disqualification in Florida

Date: Nov 7, 1986
Fischer v. Knuck: Establishing the Boundaries of Timely Judicial Disqualification in Florida Introduction Fischer v. Knuck, 497 So. 2d 240 (Fla. 1986), is a pivotal case adjudicated by the Supreme...
Ineffective Assistance of Appellate Counsel in Capital Cases: Comprehensive Analysis of Pope v. Wainwright

Ineffective Assistance of Appellate Counsel in Capital Cases: Comprehensive Analysis of Pope v. Wainwright

Date: Oct 17, 1986
Ineffective Assistance of Appellate Counsel in Capital Cases: Comprehensive Analysis of Pope v. Wainwright Introduction Case Title: Thomas Dewey Pope, Petitioner, v. Louie L. Wainwright, Secretary,...
Clarifying Premeditation and Death Penalty Proportionality in First-Degree Murder: WILSON v. STATE

Clarifying Premeditation and Death Penalty Proportionality in First-Degree Murder: WILSON v. STATE

Date: Sep 5, 1986
Clarifying Premeditation and Death Penalty Proportionality in First-Degree Murder: WILSON v. STATE Introduction WILSON v. STATE of Florida (493 So.2d 1019) is a landmark case adjudicated by the...
Enforcement of Forum Selection Clauses: Florida's Adoption of the Zapata Principle in MANRIQUE v. FABBRI

Enforcement of Forum Selection Clauses: Florida's Adoption of the Zapata Principle in MANRIQUE v. FABBRI

Date: Aug 22, 1986
Enforcement of Forum Selection Clauses: Florida's Adoption of the Zapata Principle in MANRIQUE v. FABBRI Introduction MANRIQUE v. FABBRI, 493 So. 2d 437 (Fla. 1986), is a landmark decision by the...
Negligent Hiring and Retention: Insights from Garcia v. Duffy & Joule Yacht Transport Co.

Negligent Hiring and Retention: Insights from Garcia v. Duffy & Joule Yacht Transport Co.

Date: Jul 31, 1986
Negligent Hiring and Retention: Insights from Garcia v. Duffy & Joule Yacht Transport Co. 1. Introduction Lee J. Garcia v. Richard J. Duffy and Joule Yacht Transport Company is a pivotal case decided...
Maxwell v. Wainwright: Affirming Standards for Ineffective Assistance of Counsel in Capital Cases

Maxwell v. Wainwright: Affirming Standards for Ineffective Assistance of Counsel in Capital Cases

Date: Jul 22, 1986
Maxwell v. Wainwright: Affirming Standards for Ineffective Assistance of Counsel in Capital Cases 1. Introduction Maxwell v. Wainwright, 490 So. 2d 927 (Fla. 1986), is a landmark decision by the...
Florida Supreme Court Establishes Harmless Error Analysis for Prosecutorial Comments on Defendant's Silence

Florida Supreme Court Establishes Harmless Error Analysis for Prosecutorial Comments on Defendant's Silence

Date: Jul 18, 1986
Florida Supreme Court Establishes Harmless Error Analysis for Prosecutorial Comments on Defendant's Silence Introduction In the landmark case of State of Florida v. Angelo John DiGuilio, 491 So. 2d...
Recognition of Pension Benefits as Marital Property in Equitable Distribution

Recognition of Pension Benefits as Marital Property in Equitable Distribution

Date: Jun 27, 1986
Recognition of Pension Benefits as Marital Property in Equitable Distribution Introduction The case of PATRICIA DIFFENDERFER vs. RICHARD L. DIFFENDERFER (491 So.2d 265), adjudicated by the Supreme...
Clarifying 'Clear and Convincing Reasons' for Departures from Sentencing Guidelines in Florida: Analysis of MISCHLER v. STATE

Clarifying 'Clear and Convincing Reasons' for Departures from Sentencing Guidelines in Florida: Analysis of MISCHLER v. STATE

Date: Jun 14, 1986
Clarifying 'Clear and Convincing Reasons' for Departures from Sentencing Guidelines in Florida: Analysis of MISCHLER v. STATE Introduction State of Florida v. Karen A. Mischler, 488 So. 2d 523 (Fla....
Clarifying Seller's Duty to Disclose Material Defects in Real Property Transactions: JOHNSON v. DAVIS

Clarifying Seller's Duty to Disclose Material Defects in Real Property Transactions: JOHNSON v. DAVIS

Date: Jan 21, 1986
Clarifying Seller's Duty to Disclose Material Defects in Real Property Transactions: JOHNSON v. DAVIS Introduction The case of Clarence H. Johnson and Dana Johnson v. Morton Davis and Edna Davis,...
Mandatory Written Justifications for Departing Sentencing Guidelines Established in State of Florida v. Jackson

Mandatory Written Justifications for Departing Sentencing Guidelines Established in State of Florida v. Jackson

Date: Dec 28, 1985
Mandatory Written Justifications for Departing Sentencing Guidelines Established in State of Florida v. Jackson Introduction State of Florida v. Alfred Floyd Jackson (478 So.2d 1054, 1985) is a...
Ensuring Impartiality in Death Penalty Sentencing: Analysis of Hill v. State of Florida

Ensuring Impartiality in Death Penalty Sentencing: Analysis of Hill v. State of Florida

Date: Nov 20, 1985
Ensuring Impartiality in Death Penalty Sentencing: Analysis of Hill v. State of Florida Introduction The case of Clarence Edward Hill v. State of Florida, adjudicated by the Supreme Court of Florida...
Admissibility of Citizen-Contributed Evidence and Prosecutorial Conduct in Capital Cases: Analysis of Bertolotti v. State of Florida

Admissibility of Citizen-Contributed Evidence and Prosecutorial Conduct in Capital Cases: Analysis of Bertolotti v. State of Florida

Date: Oct 24, 1985
Admissibility of Citizen-Contributed Evidence and Prosecutorial Conduct in Capital Cases: Analysis of Bertolotti v. State of Florida Introduction Anthony Bertolotti v. State of Florida, 476 So. 2d...
Dual Conviction and Sentencing in Felony Murder: Overruling Hegstrom in State v. Enmund

Dual Conviction and Sentencing in Felony Murder: Overruling Hegstrom in State v. Enmund

Date: Oct 19, 1985
Dual Conviction and Sentencing in Felony Murder: Overruling Hegstrom in State v. Enmund Introduction State of Florida v. Earl Enmund, 476 So.2d 165 (Fla. 1985), is a landmark case adjudicated by the...
Winfield v. Division of Pari-Mutuel Wagering: Enhancing Privacy Rights in Financial Data Disclosure

Winfield v. Division of Pari-Mutuel Wagering: Enhancing Privacy Rights in Financial Data Disclosure

Date: Oct 11, 1985
Winfield v. Division of Pari-Mutuel Wagering: Enhancing Privacy Rights in Financial Data Disclosure Introduction Winfield v. Division of Pari-Mutuel Wagering, Department of Business Regulation (477...
Moore v. Morris: Redefining Notice Requirements in Medical Malpractice Statute of Limitations

Moore v. Morris: Redefining Notice Requirements in Medical Malpractice Statute of Limitations

Date: Oct 8, 1985
Moore v. Morris: Redefining Notice Requirements in Medical Malpractice Statute of Limitations Introduction Moore v. Morris, 475 So. 2d 666 (Fla. 1985), is a landmark decision by the Supreme Court of...
Admissibility of Blood Alcohol Evidence and Double Jeopardy in DWI Manslaughter Cases: Analysis of Thomas Wayne HOUSER v. STATE of Florida

Admissibility of Blood Alcohol Evidence and Double Jeopardy in DWI Manslaughter Cases: Analysis of Thomas Wayne HOUSER v. STATE of Florida

Date: Aug 23, 1985
Admissibility of Blood Alcohol Evidence and Double Jeopardy in DWI Manslaughter Cases: Analysis of Thomas Wayne HOUSER v. STATE of Florida Introduction The case of Thomas Wayne HOUSER v. STATE of...
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