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  • Commentaries
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Florida Case Commentaries

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...
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....
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