Florida Case Commentaries

Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims”

Date: Sep 5, 2025

Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims” Introduction In Ernest...

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920

Date: Aug 31, 2025

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920 Introduction On August...

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1

Date: Aug 31, 2025

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1 Introduction In a rulemaking opinion issued on August 28, 2025,...

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority

Date: Aug 31, 2025

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority Introduction In this administrative...

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error

Date: Aug 31, 2025

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error Introduction This commentary analyzes the...

Colloquy Controls Postconviction: Florida Supreme Court Clarifies that Speculative Prison‑Abuse Allegations Cannot Undermine Waiver Voluntariness, and Rule 3.130 Delays Are Not Fundamental Error Absent Prejudice

Date: Aug 29, 2025

Colloquy Controls Postconviction: Florida Supreme Court Clarifies that Speculative Prison‑Abuse Allegations Cannot Undermine Waiver Voluntariness, and Rule 3.130 Delays Are Not Fundamental Error...

No Retroactive Right to Qualified Capital Counsel: The Florida Supreme Court’s Clarification in Windom v. State (2025)

Date: Aug 25, 2025

No Retroactive Right to Qualified Capital Counsel: Windom v. State of Florida & the Limits of “Evolving Standards” Introduction In Curtis Windom v. State of Florida, Nos. SC2025-1179 & SC2025-1182...

Windom v. Florida: No Sixth Amendment “Evolving Standards of Decency”; Rule 3.112 Not Retroactive; Strict Limits on Successive Capital Postconviction Relief Reaffirmed

Date: Aug 22, 2025

Windom v. Florida: No Sixth Amendment “Evolving Standards of Decency”; Rule 3.112 Not Retroactive; Strict Limits on Successive Capital Postconviction Relief Reaffirmed Introduction In Curtis Windom...

Bates v. State of Florida (2025): Florida Supreme Court Re-affirms the Strict Procedural & Temporal Limits on Successive Post-Conviction Relief

Date: Aug 14, 2025

Bates v. State of Florida (2025): Florida Supreme Court Re-affirms the Strict Procedural & Temporal Limits on Successive Post-Conviction Relief 1. Introduction Kayle Barrington Bates’s capital...

Bates v. Florida: Reaffirming Strict Procedural Bars and Narrow Warrant‑Period Rights in Capital Postconviction Practice

Date: Aug 13, 2025

Bates v. Florida: Reaffirming Strict Procedural Bars and Narrow Warrant‑Period Rights in Capital Postconviction Practice Introduction In Kayle B. Bates v. State of Florida and Kayle B. Bates v....

Wolf v. State (2025): An Affirmation of Death-Penalty Convictions and a Signal that Florida May Revisit the “Same-Mercy” Rule

Date: Aug 1, 2025

Wolf v. State (Fla. 2025): An Affirmation of Death-Penalty Convictions and a Signal that Florida May Revisit the “Same-Mercy” Prosecutorial Argument Rule Introduction In Steven Matthew Wolf v. State...

Fletcher v. State: Clarifying “Reverse Jury Nullification” and Mitigation Findings in Florida Capital Sentencing

Date: Aug 1, 2025

Fletcher v. State: Clarifying “Reverse Jury Nullification” and Mitigation Findings in Florida Capital Sentencing 1. Introduction In Timothy W. Fletcher v. State of Florida, No. SC2023-0058 (Fla. July...

Zakrzewski v. State – Fortifying Timeliness and Procedural-Bar Limits in Florida Capital Post-Conviction Practice

Date: Jul 23, 2025

Zakrzewski v. State – Fortifying Timeliness and Procedural-Bar Limits in Florida Capital Post-Conviction Practice Introduction The Florida Supreme Court’s 2025 decision in Edward J. Zakrzewski, II v....

The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate

Date: Jul 22, 2025

The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate: A Commentary on Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State...

Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants

Date: Jul 22, 2025

Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants Introduction In Donald Otis Williams v. State of Florida...

“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements

Date: Jul 22, 2025

“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements Introduction Florida Rising, Inc. v. Florida Public Service...

“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt

Date: Jul 22, 2025

“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt 1. Introduction On 17 July 2025, the Supreme Court of...

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Date: Jul 22, 2025

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

Date: Jul 22, 2025

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...