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  • Commentaries
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Florida Case Commentaries

Florida Supreme Court Establishes Comprehensive Remedy for Unconstitutional Juvenile Sentencing under Miller v. Alabama

Florida Supreme Court Establishes Comprehensive Remedy for Unconstitutional Juvenile Sentencing under Miller v. Alabama

Date: Mar 20, 2015
Florida Supreme Court Establishes Comprehensive Remedy for Unconstitutional Juvenile Sentencing under Miller v. Alabama Introduction The case of Anthony Duwayne Horsley, Jr. v. State of Florida...
Retroactive Application of Miller v. Alabama: Florida Supreme Court Rules Mandatory Life Without Parole for Juvenile Offenders Unconstitutional

Retroactive Application of Miller v. Alabama: Florida Supreme Court Rules Mandatory Life Without Parole for Juvenile Offenders Unconstitutional

Date: Mar 20, 2015
Retroactive Application of Miller v. Alabama: Florida Supreme Court Rules Mandatory Life Without Parole for Juvenile Offenders Unconstitutional Introduction The case of Rebecca Lee Falcon v. State of...
Enforceability of Exculpatory Clauses Without Explicit Reference to Negligence: Insights from Sanislo v. Give Kids the World, Inc.

Enforceability of Exculpatory Clauses Without Explicit Reference to Negligence: Insights from Sanislo v. Give Kids the World, Inc.

Date: Feb 13, 2015
Enforceability of Exculpatory Clauses Without Explicit Reference to Negligence: Insights from Sanislo v. Give Kids the World, Inc. Introduction In the landmark case Stacy Sanislo, et al.,...
Revising the Standard for Harmless Error in Civil Appeals: Special v. West Boca Medical Center

Revising the Standard for Harmless Error in Civil Appeals: Special v. West Boca Medical Center

Date: Nov 14, 2014
Revising the Standard for Harmless Error in Civil Appeals: Special v. West Boca Medical Center Introduction In Frank Special, et al. v. West Boca Medical Center, et al. (160 So. 3d 1251), the Supreme...
The Jordan v. State Decision: Affirming Defendant's Right to Presence at Resentencing

The Jordan v. State Decision: Affirming Defendant's Right to Presence at Resentencing

Date: Jul 10, 2014
The Jordan v. State Decision: Affirming Defendant's Right to Presence at Resentencing Introduction In the landmark case of Jordan v. State, 143 So. 3d 335 (Fla. 2014), the Supreme Court of Florida...
Affirmation of Death Sentence and Denial of Habeas Corpus in David Sylvester FRANCES v. STATE of Florida

Affirmation of Death Sentence and Denial of Habeas Corpus in David Sylvester FRANCES v. STATE of Florida

Date: Jul 9, 2014
Affirmation of Death Sentence and Denial of Habeas Corpus in David Sylvester FRANCES v. STATE of Florida Introduction David Sylvester Frances, the appellant, was convicted of first-degree murder and...
Establishing Preponderance of Evidence as the Standard for Civil Penalties: South Florida Water Management District v. RLI Live Oak, LLC

Establishing Preponderance of Evidence as the Standard for Civil Penalties: South Florida Water Management District v. RLI Live Oak, LLC

Date: May 23, 2014
Establishing Preponderance of Evidence as the Standard for Civil Penalties: South Florida Water Management District v. RLI Live Oak, LLC Introduction The case of South Florida Water Management...
Supreme Court of Florida Reinforces Standards on Ineffective Assistance of Counsel and Execution Practices in Capital Cases

Supreme Court of Florida Reinforces Standards on Ineffective Assistance of Counsel and Execution Practices in Capital Cases

Date: Apr 22, 2014
Supreme Court of Florida Reinforces Standards on Ineffective Assistance of Counsel and Execution Practices in Capital Cases Introduction In the landmark case of Quawn M. FRANKLIN v. STATE of Florida...
Florida Supreme Court Reinforces Strict Adherence to Professional Conduct Rules in Attorney Disqualification

Florida Supreme Court Reinforces Strict Adherence to Professional Conduct Rules in Attorney Disqualification

Date: Mar 28, 2014
Florida Supreme Court Reinforces Strict Adherence to Professional Conduct Rules in Attorney Disqualification Introduction In the landmark case of Patricia Young, et al., Petitioners, v. Norva L....
Dual-Period Recapture Window Affirmed in State v. S.A.

Dual-Period Recapture Window Affirmed in State v. S.A.

Date: Feb 14, 2014
Dual-Period Recapture Window Affirmed in State v. S.A. Introduction State of Florida v. S.A., 133 So. 3d 506 (Fla. 2014), is a landmark decision by the Supreme Court of Florida that clarifies the...
Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures

Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures

Date: Feb 7, 2014
Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures Introduction On February 6, 2014, the Supreme Court of Florida issued a landmark decision in In re...
Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida

Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida

Date: Jan 29, 2014
Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida Introduction The case of Andrew Michael Gosciminski versus the State of Florida presents a complex...
Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals

Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals

Date: Jan 17, 2014
Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals Introduction The case of Arrington R. Wells v. State of Florida, reported at 132 So. 3d 1110, presents a pivotal...
Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records

Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records

Date: Dec 20, 2013
Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records Introduction In the landmark case of Askari Abdullah MUHAMMAD f/k/a Thomas...
Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance

Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance

Date: Jul 12, 2013
Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance Introduction Nicholas Arsali v. Chase Home Finance LLC, et al., 121 So. 3d 511 (Fla. 2013), is a...
Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction

Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction

Date: Jul 4, 2013
Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction Introduction The case of Washington National Insurance Corporation v. Sydelle Ruderman (117 So. 3d 943, 2013) presents a...
DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida

DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida

Date: Jun 18, 2013
DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida Introduction DELMONICO v. TRAYNOR, 116 So. 3d 1205 (Fla. 2013), is a landmark decision by the...
Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining

Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining

Date: Jun 14, 2013
Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining Introduction Parties Involved: Tommy Lee Alcorn (Petitioner) versus the State of...
Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.

Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.

Date: May 31, 2013
Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc. Introduction The case of First...
Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan

Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan

Date: May 17, 2013
Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan Introduction The case of Angela Samples, et al. v. Florida Birth–Related...
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