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  • Commentaries
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Florida Case Commentaries

Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements

Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements

Date: Sep 23, 2016
Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements Introduction The case of Juan Mendez, Jr., etc., Petitioner, v. Hampton Court...
Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens

Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens

Date: Sep 16, 2016
Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens Introduction In the landmark case of Wright v. City of Miami Gardens, the Supreme Court...
Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State

Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State

Date: Sep 2, 2016
Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State Introduction In the landmark case of Marcus Jamal Graham v. State (207 So. 3d 135, Supreme Court of Florida, 2016),...
Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing

Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing

Date: Jun 17, 2016
Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing Introduction The case of Khadafy...
Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards

Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards

Date: May 27, 2016
Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards Introduction Atwell v. State, 197 So. 3d 1040 (Fla. 2016), presented a pivotal case concerning the...
Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments

Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments

Date: May 20, 2016
Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments Introduction CITIZENS OF the STATE of Florida, Appellant, v. Art GRAHAM, etc., et al. is a pivotal case adjudicated...
FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief

FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief

Date: May 13, 2016
FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief Introduction Anthony Joseph Farina Jr. was convicted in 1992 for first-degree murder and six other...
Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing

Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing

Date: Apr 29, 2016
Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing Introduction In the landmark case of Norvil v. State, 191 So. 3d 406 (Fla. 2016), the Supreme Court...
Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE

Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE

Date: Apr 22, 2016
Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE Introduction RIGTERINK v. STATE (193 So. 3d 846, Supreme Court of Florida, 2016) is a pivotal case concerning the appellate...
Florida Supreme Court Establishes Right for Engle Progeny Plaintiffs to Seek Punitive Damages under Negligence and Strict Liability

Florida Supreme Court Establishes Right for Engle Progeny Plaintiffs to Seek Punitive Damages under Negligence and Strict Liability

Date: Mar 18, 2016
Florida Supreme Court Establishes Right for Engle Progeny Plaintiffs to Seek Punitive Damages under Negligence and Strict Liability Introduction In the landmark case Soffer v. R.J. Reynolds Tobacco...
Florida Supreme Court Clarifies Discretion in Consecutive Sentencing Under 10-20-Life Statute

Florida Supreme Court Clarifies Discretion in Consecutive Sentencing Under 10-20-Life Statute

Date: Mar 4, 2016
Florida Supreme Court Clarifies Discretion in Consecutive Sentencing Under 10-20-Life Statute Introduction In Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016), the Florida Supreme...
Prosecutorial Misconduct in Closing Arguments: Florida Supreme Court Vacates Conviction in CARDONA v. STATE

Prosecutorial Misconduct in Closing Arguments: Florida Supreme Court Vacates Conviction in CARDONA v. STATE

Date: Feb 19, 2016
Prosecutorial Misconduct in Closing Arguments: Florida Supreme Court Vacates Conviction in CARDONA v. STATE Introduction The case of Ana Maria CARDONA v. STATE of Florida, 185 So.3d 514 (2016),...
Two-Prong Standard for Postconviction Relief in Guilty Plea Cases: LONG v. STATE

Two-Prong Standard for Postconviction Relief in Guilty Plea Cases: LONG v. STATE

Date: Jan 22, 2016
Two-Prong Standard for Postconviction Relief in Guilty Plea Cases: LONG v. STATE Introduction Robert Joe Long, a death row inmate in Florida, challenged the summary denial of his successive motion...
Affirmation of Actual Bias Standard for Disqualified Jurors: Lucious BOYD v. STATE of Florida

Affirmation of Actual Bias Standard for Disqualified Jurors: Lucious BOYD v. STATE of Florida

Date: Dec 18, 2015
Affirmation of Actual Bias Standard for Disqualified Jurors: Lucious BOYD v. STATE of Florida Introduction The case of Lucious BOYD v. STATE of Florida, decided on December 17, 2015, by the Supreme...
Establishing the Burden of Due Diligence in Successive Postconviction Motions: RIVERA v. STATE

Establishing the Burden of Due Diligence in Successive Postconviction Motions: RIVERA v. STATE

Date: Nov 26, 2015
Establishing the Burden of Due Diligence in Successive Postconviction Motions: RIVERA v. STATE Introduction Parties Involved: Appellant: Michael T. Rivera Appellee: State of Florida Court: Supreme...
Florida Supreme Court Rules on Double Jeopardy in Computer Pornography and Child Exploitation Cases

Florida Supreme Court Rules on Double Jeopardy in Computer Pornography and Child Exploitation Cases

Date: Jun 26, 2015
Florida Supreme Court Rules on Double Jeopardy in Computer Pornography and Child Exploitation Cases Introduction In the landmark case of State of Florida v. Dean Alden Shelley, the Florida Supreme...
Florida Supreme Court Enhances Sanctions for Attorney Misconduct: Rosenberg Case Analysis

Florida Supreme Court Enhances Sanctions for Attorney Misconduct: Rosenberg Case Analysis

Date: May 29, 2015
Florida Supreme Court Enhances Sanctions for Attorney Misconduct: Rosenberg Case Analysis Introduction The case of THE FLORIDA BAR, Complainant, v. Erwin Rosenberg (169 So. 3d 1155) adjudicated by...
Strict Apportionment Required for Joint Settlement Offers: Pratt v. Weiss Sets New Precedent

Strict Apportionment Required for Joint Settlement Offers: Pratt v. Weiss Sets New Precedent

Date: Apr 17, 2015
Strict Apportionment Required for Joint Settlement Offers: Pratt v. Weiss Sets New Precedent Introduction In the landmark case Ancel Pratt, Jr. v. Michael C. Weiss, D.O., et al., decided by the...
Extending Graham v. Florida: Implications for Term-of-Years Sentences in Juvenile Nonhomicide Cases

Extending Graham v. Florida: Implications for Term-of-Years Sentences in Juvenile Nonhomicide Cases

Date: Mar 20, 2015
Extending Graham v. Florida: Implications for Term-of-Years Sentences in Juvenile Nonhomicide Cases Introduction In Leighdon Henry v. State of Florida, 175 So.3d 675 (Fla. 2015), the Supreme Court of...
Florida Supreme Court Establishes New Remedies for Unconstitutional Juvenile Sentences post-Miller

Florida Supreme Court Establishes New Remedies for Unconstitutional Juvenile Sentences post-Miller

Date: Mar 20, 2015
Florida Supreme Court Establishes New Remedies for Unconstitutional Juvenile Sentences post-Miller Introduction The case of Anthony Duwayne Horsley, Jr. v. STATE of Florida addresses a pivotal issue...
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