Case law

Brown v. State

245 So. 2d 68 · Supreme Court of Florida · Feb 17, 1971

When it is clearly established that at the time of making a confession the accused was insane, the purported confession is not admissible in evidence. … Defendant next says that the prosecution failed to establish that his alleged confession was voluntary.

Sun Insurance Office, Limited v. Clay

133 So. 2d 735 · Supreme Court of Florida · Oct 18, 1961

filed in a period shorter than five years applicable to a personal property, world-wide, all-risks, floater insurance policy under the following circumstances: the policy was applied for in Illinois from a British company, qualified … It is not endowed with any common-law prerogative outside of the boundaries established by organic law. Certainly, the appellate jurisdiction is clearly defined. Its original jurisdiction is stated with equal clarity.

Armstrong v. Harris

773 So. 2d 7 · Supreme Court of Florida · Sep 7, 2000

I thus urge this Court to establish appropriate procedures, but conclude that any decision to establish such procedures must apply prospectively and should not affect the petitioners' challenge in this case. … Further, such remedy could not be used to establish the existence of the right asserted, but only to enforce a right already recognized by clear and certain established law.

State v. Pettis

520 So. 2d 250 · Supreme Court of Florida · Jan 21, 1988

for those situations where "there has been a violation of a clearly established principle of law resulting in a miscarriage of justice." … established principle of law resulting in a miscarriage of justice."

Ault v. State

35 Fla. L. Weekly Supp. 527 · Supreme Court of Florida · Sep 30, 2010

Emotional or Mental Disturbance Ault argues that even though the trial court determined that he did not qualify for statutory mental health mitigation, the court should have evaluated whether the evidence qualified as nonstatutory … This Court has clearly affirmed sentences of death in cases involving similar aggravating circumstances.

Monlyn v. State

705 So. 2d 1 · Supreme Court of Florida · Oct 9, 1997

We find no abuse of discretion in allowing the testimony: the medical examiner was qualified to testify as to the nature and extent of the blows. Even if there was error here, it would clearly have been harmless. … However, the facts of this case established that the murder was committed while Monlyn was engaged in the commission of both robbery and kidnapping.

Lewis v. Leon County

91 Fla. 118 · Supreme Court of Florida · Jan 23, 1926

The history of the Florida legislation relative to public roads shows the early establishment of a county system of roads which still continues, and also shows the establishment of ‘‘ a system of State Roads of this State … Augustine, and gave to that city “all the rights, privileges, powers and immunities granted to and conferred upon the corporation of the City of Pensacola,” the title of each Act being to incorporate the city “and improve

Thorp v. State

777 So. 2d 385 · Supreme Court of Florida · Nov 16, 2000

Defense counsel further stated that the witness "has not been qualified to interpret anything that he thought was said." … Moreover, upon remand, there is clearly a basis to obtain a valid search warrant, secure Thorp's blood samples, and obtain the same DNA analysis that was used in the first trial.

Baker v. State

29 Fla. L. Weekly Fed. S 105 · Supreme Court of Florida · Mar 11, 2004

This experience has served principally to suggest the essentiality of establishing a simplified, expeditious and efficient post-conviction procedure. … In Huffman , we held that these "capital" crimes qualify as noncapital offenses for purposes of rule 3.850. See id.

Quentin Marcus Truehill v. State of Florida

42 Fla. L. Weekly Supp. 223 · Supreme Court of Florida · Feb 23, 2017

Such úse of the victim’s bankcard clearly establishes the motive behind the murder and demonstrates that the codefendants possessed the victim’s bankcard. Thus, the evidence of those crimes was clearly relevant. … As we recently held, “this type of comment has been considered improper under clearly established Florida law for over three decades.” Cardona v. State, 185 So.3d 514, 522 (Fla. 2016); see also Davis v.

Rules Regulating the Florida Bar

494 So. 2d 977 · Supreme Court of Florida · Sep 11, 1986

(d) Any legislative action taken by a section shall be clearly identified as the action of the section and not that of The Florida Bar. 2-8 Committees. 2-8.1 Establishment and appointment of committees. … receipts book, clearly identifying: a.

Welch v. State

992 So. 2d 206 · Supreme Court of Florida · Sep 25, 2008

Simply put, the trial court failed to follow Melbourne after Welch made a qualifying step one objection. … As others have noted and as clearly established in this case, such a rule leads to unnecessary gamesmanship and needless reversals for purely technical reasons.

Everett v. State

97 So. 2d 241 · Supreme Court of Florida · Aug 14, 1957

Since viewing the evidence in sum, in the effort to establish appellant's insanity, it was proven by different witnesses that he was an avowed thief, that he had repeatedly stolen bicycles, automobiles, watches, money and … The jury were charged that the legal presumption of innocence should shield defendant from punishment unless it be clearly shown that he had sufficient reason to form a guilty intent.

Johnson v. State

660 So. 2d 637 · Supreme Court of Florida · Jul 13, 1995

The records establishes no basis for believing police coerced Johnson or made undue promises to him. … Moreover, the stabbing-strangulation murder here qualified as heinous, atrocious, or cruel under any definition, and any conceivable error thus would be harmless.

In Re: Estate of Aldrich Withington v. Acton

148 Fla. 121 · Supreme Court of Florida · Sep 12, 1941

But our decisions also very clearly recognize an exception to that general rule, to the effect that where the evidence plainly shows the existence *124 of confidential or fiduciary relations between the donor and the donee … of undue influence on the part of the *132 proponent, and to cast on him, in case of contest, the bttrden of proof that the will was not induced by fraud of 'coercion on his part; but in the opinion this general rale is qualified

Florida Bar re Amendments to Rules Regulating the Florida Bar

19 Fla. L. Weekly Supp. 551 · Supreme Court of Florida · Oct 20, 1994

RULE 4-1.5 FEES FOR LEGAL SERVICES (a)Illegal, Prohibited, or Clearly Excessive Fees. … Any fee in excess of 25% shall be presumed to be clearly excessive.

Boulevard Nat. Bank of Miami v. Air Metals Indus., Inc.

176 So. 2d 94 · Supreme Court of Florida · Jun 9, 1965

For the assignee to acquire the right to stand in the shoes of the assigning creditor he must acquire some "delivery" or "possession" of the debt constituting a means of clearly establishing his right to collect. … Chap. 524, F.S.A. established a mandatory, exclusive method of perfecting assignments of accounts receivable.

Crown Life Ins. Co. v. McBride

12 Fla. L. Weekly 549 · Supreme Court of Florida · Nov 5, 1987

An exception to the general rule is the doctrine of promissory estoppel, a qualified form of equitable estoppel which applies to representations relating to a future act of the promisor rather than to an existing *662 fact … Furthermore, to support a finding of equitable estoppel the facts necessary to constitute it must be shown with certainty and not taken by argument or inference, nor supplied by intendment, but clearly and satisfactorily

State v. Steele

921 So. 2d 538 · Supreme Court of Florida · Feb 2, 2006

The district courts should exercise this discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. … Here, on the other hand, we consider whether a judge may require such notice without *543 violating a clearly established principle of law.

Cruce v. State

87 Fla. 406 · Supreme Court of Florida · Apr 15, 1924

The law of the case, as applied to the facts, was clearly stated in charges given by the. court to the jury who were fully instructed in the law of self defense. … Chavous, the attorney for the defendant, had told him what to say, the court ruled that the witness was not qualified. *416 ■ There was no error in that ruling.