Florida Case Commentaries

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,...

Florida Supreme Court Establishes Standards for Excusable Homicide Instructions and Admissibility of Prior Inconsistent Statements in STATE v. SMITH

Date: Feb 13, 1991

Florida Supreme Court Establishes Standards for Excusable Homicide Instructions and Admissibility of Prior Inconsistent Statements in STATE v. SMITH Introduction In the landmark case of State of...

Affirming Denial of Postconviction Relief: An In-Depth Analysis of Pedro MEDINA v. STATE of Florida

Date: Feb 12, 1991

Affirming Denial of Postconviction Relief: An In-Depth Analysis of Pedro MEDINA v. STATE of Florida Introduction Pedro MEDINA v. STATE of Florida (573 So. 2d 293) is a pivotal case decided by the...

Pleading Requirements for Attorney's Fees Claims under Contract and Statute: Florida Supreme Court Clarifies Standards

Date: Feb 1, 1991

Pleading Requirements for Attorney's Fees Claims under Contract and Statute: Florida Supreme Court Clarifies Standards Introduction In Ann W. Stockman v. George Downs et al., 573 So.2d 835 (Fla....

Reevaluating Capital Sentencing in Felony Murder: The JACKSON v. STATE Decision

Date: Jan 19, 1991

Reevaluating Capital Sentencing in Felony Murder: The JACKSON v. STATE Decision Introduction Clinton Lamar JACKSON v. STATE of Florida, 575 So. 2d 181 (Fla. 1991), is a pivotal case addressing the...

Holton v. State of Florida: Refinement of Peremptory Challenge Standards and Sentencing Procedure

Date: Jan 16, 1991

Holton v. State of Florida: Refinement of Peremptory Challenge Standards and Sentencing Procedure Introduction In Rudolph Holton v. State of Florida, 573 So.2d 284 (Supreme Court of Florida, 1991),...

Florida Supreme Court Expands Restitution Guidelines Beyond Fair Market Value

Date: Jan 4, 1991

Florida Supreme Court Expands Restitution Guidelines Beyond Fair Market Value Introduction In the landmark case of State of Florida v. Dennis Hawthorne, decided on January 3, 1991, the Supreme Court...

Affirmation of First-Degree Murder Conviction and Death Sentence in Occhicone v. State of Florida

Date: Dec 27, 1990

Affirmation of First-Degree Murder Conviction and Death Sentence in Occhicone v. State of Florida Introduction Occhicone v. State of Florida is a pivotal case adjudicated by the Supreme Court of...

Admissibility of Collateral Crimes Evidence and Gruesome Photographs in Murder Trials: Insights from Czubak v. State of Florida

Date: Dec 27, 1990

Admissibility of Collateral Crimes Evidence and Gruesome Photographs in Murder Trials: Insights from Czubak v. State of Florida Introduction The case of Walter Daniel Czubak v. State of Florida,...

Affirmation of Convictions with Resentencing Guidelines: Campbell v. State of Florida

Date: Dec 14, 1990

Affirmation of Convictions with Resentencing Guidelines: Campbell v. State of Florida Introduction Campbell v. State of Florida (571 So. 2d 415) is a significant case adjudicated by the Supreme Court...

Affirmation of Death Penalty Under Aggravating Circumstances in James FLOYD v. STATE of Florida

Date: Dec 12, 1990

Affirmation of Death Penalty Under Aggravating Circumstances in James FLOYD v. STATE of Florida Introduction In the landmark case of James FLOYD v. STATE of Florida, 569 So. 2d 1225 (Fla. 1990), the...

Vicarious Liability in Medical Malpractice: Goldschmidt v. Holman

Date: Nov 30, 1990

Vicarious Liability in Medical Malpractice: Goldschmidt v. Holman Introduction The case of Mark N. Goldschmidt, M.D., Petitioner v. Jerri Taletha Holman, et al., Respondents, adjudicated by the...

Affirmation of Procedural Barriers in Post-Conviction Relief: Insights from ROBERTS v. STATE of Florida

Date: Nov 28, 1990

Affirmation of Procedural Barriers in Post-Conviction Relief: Insights from ROBERTS v. STATE of Florida Introduction ROBERTS v. STATE of Florida (568 So.2d 1255, 1990) is a pivotal decision by the...

Establishing Sole Procedural Remedy for Ineffective Assistance of Counsel Claims: Navarre v. District Court of Appeal of Florida

Date: Nov 2, 1990

Establishing Sole Procedural Remedy for Ineffective Assistance of Counsel Claims: Navarre v. District Court of Appeal of Florida Introduction In the landmark case of State of Florida v. District...

Proper Consideration of Pro Hac Vice Motions in Postconviction Relief: HUFF v. STATE of Florida

Date: Oct 12, 1990

Proper Consideration of Pro Hac Vice Motions in Postconviction Relief: HUFF v. STATE of Florida Introduction Case Title: James Roger Huff, Appellant, v. State of Florida, Appellee. Court: Supreme...