Florida Case Commentaries

Reaffirming Broad Executive Discretion and Strict Limits on Warrant-Period Litigation in Florida Capital Cases: Hutchinson v. State

Date: Apr 26, 2025

Reaffirming Broad Executive Discretion and Strict Limits on Warrant-Period Litigation in Florida Capital Cases: Hutchinson v. State Introduction In Jeffrey G. Hutchinson v. State of Florida and...

Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Date: Apr 25, 2025

Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132 Introduction This commentary examines the Supreme Court of Florida’s April 3, 2025, opinion in...

Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853

Date: Apr 11, 2025

Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853 Introduction On April 10, 2025, the Supreme Court of Florida, acting per curiam, adopted...

Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only Detention Orders

Date: Apr 4, 2025

Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only...

Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief

Date: Apr 2, 2025

Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief Introduction In Michael A. Tanzi v. State of Florida (consolidated with petitions...

Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases

Date: Apr 2, 2025

Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases Introduction Michael A. Tanzi was convicted of first-degree murder, carjacking,...

Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025)

Date: Apr 2, 2025

Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025) Introduction In a per curiam decision issued April 1, 2025, the Florida Supreme Court...

Erlinger Offers No Postconviction Lifeline in Florida Capital Cases: Florida Supreme Court Reaffirms Strict Limits on Warrant-Period Discovery, Method-of-Execution Claims, and All-Writs Relief in Tanzi

Date: Apr 2, 2025

Erlinger Offers No Postconviction Lifeline in Florida Capital Cases: Florida Supreme Court Reaffirms Strict Limits on Warrant-Period Discovery, Method-of-Execution Claims, and All-Writs Relief in...

Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130

Date: Mar 28, 2025

Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130 Case: Kevin Vericker v. Norman Christopher Powell Court: Supreme Court of...

“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

Date: Mar 21, 2025

“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh...

Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Date: Mar 21, 2025

Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules Introduction In this rulemaking opinion, the Supreme...

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Date: Mar 21, 2025

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim;...

Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Date: Mar 20, 2025

Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline Introduction The judgment in The Florida Bar v. Danielle Renee Watson marks a significant moment in the discipline of...

Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity

Date: Mar 19, 2025

Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity Introduction The case of Edward T. James v. State of Florida...

Disbarment Without Delay: Establishing the Non-Alteration Principle in Motions for Rehearing

Date: Mar 14, 2025

Disbarment Without Delay: Establishing the Non-Alteration Principle in Motions for Rehearing Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Malik...

Pro Bono Status Does Not Negate Dishonest Motive: Patterned Incompetence, Threatening Publicity, and Court-Order Defiance Warrant Disbarment

Date: Mar 14, 2025

Pro Bono Status Does Not Negate Dishonest Motive: Patterned Incompetence, Threatening Publicity, and Court-Order Defiance Warrant Disbarment Case: The Florida Bar v. Malik Leigh | Court: Supreme...

Prolonged Death-Row Confinement, Cognitive Decline Short of Intellectual Disability, and Nonunanimous Penalty Recommendations Do Not Bar Execution (Florida)

Date: Mar 14, 2025

Prolonged Death-Row Confinement, Cognitive Decline Short of Intellectual Disability, and Nonunanimous Penalty Recommendations Do Not Bar Execution (Florida) 1. Introduction In Edward T. James v....

Florida’s Speedy-Trial Clock Now Runs from Formal Charges: Mandatory 30-Day Recapture and Presumptively Without-Prejudice Discharge

Date: Mar 14, 2025

Florida’s Speedy-Trial Clock Now Runs from Formal Charges: Mandatory 30-Day Recapture and Presumptively Without-Prejudice Discharge 1. Introduction In In Re: Amendments to Florida Rule of Criminal...

Redefining Speedy Trial Commencement: The Formal Charge Standard and Extended Recapture Period

Date: Mar 14, 2025

Redefining Speedy Trial Commencement: The Formal Charge Standard and Extended Recapture Period Introduction In the judgment dated March 13, 2025, the Supreme Court of Florida addressed broad...

Public Accusations of Criminal Conduct in Court Filings Are Not “Minor Misconduct”: Admonishment Rejected; 91-Day Suspension Imposed

Date: Mar 14, 2025

Public Accusations of Criminal Conduct in Court Filings Are Not “Minor Misconduct”: Admonishment Rejected; 91-Day Suspension Imposed Case: The Florida Bar v. Danielle Renee Watson (Supreme Court of...