Florida Case Commentaries

Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Date: Jul 11, 2025

Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings...

Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants

Date: Jul 5, 2025

Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants Introduction Scottie D. Allen, already serving a 25-year...

No Do‑Overs for Pro Se Capital Defendants: Florida Supreme Court Applies Invited-Error and Colorable-Claim Gatekeeping to Foreclose Postconviction Mitigation Challenges

Date: Jul 4, 2025

No Do‑Overs for Pro Se Capital Defendants: Invited Error and Colorable-Claim Gatekeeping Foreclose Postconviction Mitigation Challenges Introduction This commentary examines the Florida Supreme...

“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation

Date: Jul 1, 2025

“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation Introduction In In Re: Amendments to the Florida Family Law Rules of Procedure – Forms,...

“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges

Date: Jul 1, 2025

“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges Introduction On 26 June 2025 the Supreme Court of Florida decided The Florida Bar v. Brooke...

Reposting Judicial Accusations on Social Media Can Breach Rule 4-8.2(a): Florida Supreme Court Affirms 30-Day Suspensions and Reiterates Limits on Lawyer Speech and Judicial Inquiry

Date: Jun 27, 2025

Reposting Judicial Accusations on Social Media Can Breach Rule 4-8.2(a): Florida Supreme Court Affirms 30-Day Suspensions and Reiterates Limits on Lawyer Speech and Judicial Inquiry Introduction In...

“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects (Commentary on Steven J. Lorenzo v. State of Florida, No. SC2023-0539)

Date: Jun 20, 2025

“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects Commentary on Steven J. Lorenzo v. State of...

Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules – A Commentary on The Florida Bar v. Alexa Martinez (2025)

Date: Jun 20, 2025

Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules A Comprehensive Commentary on The Florida Bar v. Alexa...

Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Date: Jun 20, 2025

Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals Introduction Thomas Lee Gudinas, sentenced to death for a 1994...

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

Date: Jun 18, 2025

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement 1. Introduction Jourdan Daniel Parks v. State of Florida, decided by the...

Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause

Date: Jun 10, 2025

Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause Introduction In Gustavo Bojorquez, et al. v. State of Florida, the Supreme Court of Florida...

Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a)

Date: Jun 10, 2025

Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a) Introduction This commentary examines the Supreme Court of Florida’s per curiam decision...

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Date: Jun 10, 2025

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief Introduction In Anthony Floyd Wainwright v. State of Florida (No. SC2025-0708), the Florida Supreme...

Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2)

Date: May 23, 2025

Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2) Introduction In In Re: Amendments to the Florida Rules of Criminal Procedure – 2025...

Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal

Date: May 23, 2025

Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal Introduction In In Re: Amendments to Florida Rules of General Practice and Judicial Administration...

Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Date: May 23, 2025

Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms Introduction In Mark H. Wilson v. State of Florida, No. SC2023-0320 (Fla. May 22, 2025), the Florida Supreme...

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Date: May 16, 2025

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Ryan F. C....

Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State

Date: May 9, 2025

Upholding Procedural Bars and Rejecting As-Applied Execution Claims: Rogers v. State Introduction Glen Edward Rogers v. State of Florida (No. SC2025-0585) is a May 8, 2025 decision of the Supreme...

Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed

Date: May 1, 2025

Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed Introduction The Supreme Court of Florida’s decision in Jeffrey G. Hutchinson v. State of Florida (No....

The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections

Date: Apr 26, 2025

The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections Introduction Jeffrey G. Hutchinson...