Case law

Richard Todd Robards v. State of Florida

42 Fla. L. Weekly Supp. 431 · Supreme Court of Florida · Apr 6, 2017

“Where a party admission is not clearly part of an attempt to negotiate a plea bargain, this Court has adopted a two-tier analysis for determining whether a statement falls within the exclusion under rule 3.172(i).” … We conclude that the State cannot establish that the error in Robards’ case was harmless beyond a reasonable doubt.

Stoll v. State

762 So. 2d 870 · Supreme Court of Florida · Apr 6, 2000

Clearly, McCormick on Evidence, § 297 at 856 (3d ed.1984)); see also Rogers v. State, 660 So.2d 237, 240 (Fla.1995). … Because no other exception to the hearsay rule was established in this case, the admission of this statement into evidence was error. [7] Further, even if the handwritten statement qualified under an exception to the hearsay

State v. Gunsby

670 So. 2d 920 · Supreme Court of Florida · Jan 11, 1996

orders used in noncapital cases), he failed to provide the medical experts with background information about Gunsby, he failed to depose the medical experts before they testified, and he obtained a third expert who was not qualified … Clearly, the evidence presented at the rule 3.850 hearing undermined the credibility of several key witnesses who testified at trial.

Henderson v. Leatherman

120 Fla. 496 · Supreme Court of Florida · Jan 24, 1935

taken to have the propriety of the assessment adjudged or determined before application is made under the statute for a tax deed upon matured tax sale certificates, equity will not enjoin the issue of tax deeds unless it be clearly … *Page 509 The authorities appear to well establish the rule that if a bill states a case entitling the plaintiff to any relief under any special prayer, or under the implied prayer for general relief, it should not be dismissed

Dolinsky v. State

576 So. 2d 271 · Supreme Court of Florida · Jan 18, 1991

According to Scott and Melissa Duncan, who testified under immunity, Scott Duncan received a phone call in early April 1983 from Hamilton in Tennessee. … The evidence establishes without question that these three homicides grew out of a drug rip-off, and that defendant arrived at the murder site first.

Chamberlain v. State

881 So. 2d 1087 · Supreme Court of Florida · Jun 17, 2004

Had this happened, the jurors would not have been death qualified and the trial court would have been placed in a position of either refusing to allow Chamberlain to withdraw his waiver or having to impanel a different death-qualified … The decision to take life is clearly present in the minds of all three (Thibault, Chamberlain, and Ingman) at the time of the killings. ...

Department of Educ. v. Lewis

416 So. 2d 455 · Supreme Court of Florida · Jul 15, 1982

Justice Black put it most simply and clearly: "I do not believe that it can be too often repeated that the freedoms of speech, press, petition and assembly guaranteed by the First Amendment must be accorded to the ideas we … They were moved by the desire to establish limited government and to enshrine certain fundamental personal rights as immune from governmental infringement.

Orange Brevard Plumbing & Heating Co. v. La Croix

137 So. 2d 201 · Supreme Court of Florida · Jan 31, 1962

It would be difficult to draw the line where exemption begins to attach to unoccupied land if this claim of immunity is allowed. … This is clearly established by the example of the cow and a calf in the opinion.

Blocker v. State

92 Fla. 878 · Supreme Court of Florida · Nov 12, 1926

Smith was called, qualified as an expert and testified, among other things, that he examined the defendant in March, 1923, and again on the day before he gave testimony, and was asked "what condition did he find the defendant … If there is no reasonable doubt as to his sanity when the State rests, to whom may the court look for help to establish the truth blit to the parties?

Everett v. State

893 So. 2d 1278 · Supreme Court of Florida · Nov 24, 2004

Accordingly, the court did not err in finding the expert qualified to testify on population frequency *1282 because her testimony was based on established scientific principles in which she was trained and had experience. … The record clearly shows that appellant objected at trial to admission of both his confession and the biological samples on the same grounds raised in the motion to suppress.

Shands Teaching Hospital & Clinic, Inc. v. Mercury Insurance Co. of Florida

37 Fla. L. Weekly Supp. 407 · Supreme Court of Florida · Jun 7, 2012

constitutionality of the Alachua County Lien Law, chapter 88-539, Laws of Florida (Lien Law), and the Alachua County Hospital Lien Ordinance, Alachua County Code sections 262.20-262.25 (1997) (Ordinance), both of which establish … Here, the Lien Law clearly states that any qualifying hospital shall be entitled to a lien for all reasonable charges for hospital care, treatment, and maintenance of ill or injured persons upon any and all causes of action

Florida Bar v. Brumbaugh

355 So. 2d 1186 · Supreme Court of Florida · Jan 10, 1978

Respondent's advertisements clearly addressed themselves to people who wish to do their own divorces. … Florida's "no fault" dissolution of marriage statute clearly has the remedial purpose of simplifying the dissolution of marriage whenever possible.

Cowan v. City of St. Petersburg

149 Fla. 470 · Supreme Court of Florida · Feb 10, 1942

Peters-burg and within the limits provided for the sale of intoxicating liquors and beverages; that plaintiff is legally qualified in every respect under all the laws, Federal, State, County and Municipal, to engage in the … ordinance which merely made it unlawful to sell alcoholic beverages after a certain hour at night and on Sunday; nevertheless, such objection cannot be successfully made by this actor in a court of equity, for the evidence clearly

Smith v. State

34 Fla. L. Weekly Supp. 681 · Supreme Court of Florida · Dec 17, 2009

We concluded that the report was testimonial in nature because the report there was clearly prepared in anticipation of trial and designed to establish an element of the crime. See id. at 680 . … The latter scenario fails to present the careful and calm reflection that is required for the killing to qualify as “cold.”

Wyche v. State

619 So. 2d 231 · Supreme Court of Florida · Mar 25, 1993

The question then is whether the additional language in the ordinance qualifies the word "loiter" sufficiently to satisfy the due process clauses of both the United States Constitution and the Florida Constitution. … If proof of actual intent is required, the ordinance clearly articulates prohibited conduct.

Allen v. State

854 So. 2d 1255 · Supreme Court of Florida · Jul 10, 2003

Because we hold that Allen fails to establish prejudice, we do not address whether his counsel's performance was deficient. … Because these two aggravating circumstances were clearly found by the judge, they are clearly not "exempt" from Ring `s requirement that a jury must conduct the factfinding necessary to impose the death sentence.

Parker v. State

873 So. 2d 270 · Supreme Court of Florida · Jan 22, 2004

The evidence clearly established that the stab wound was inflicted while she struggled. A defensive injury received during a struggle was found on her hand. The killing was not sudden and unexpected. … In the sentencing order in this case, the trial court found: The evidence establishes that the purpose of the abduction and killing was clearly to eliminate the only witness to the robbery.

Southern Utilities Co. v. City of Palatka

86 Fla. 583 · Supreme Court of Florida · Dec 21, 1923

Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.” Chicago, B. & Q. R. Co., v. McGuire, 219 U. … Municipalities are established by law for purposes of government.

Amendments to the Florida Probate Rules

25 Fla. L. Weekly Supp. 730 · Supreme Court of Florida · Sep 28, 2000

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … This rule is intended to address only certain procedures with respect to the establishment and administration of guardianships over minors.

In Re Amendments to Fla. Bar Rules

677 So. 2d 272 · Supreme Court of Florida · Jun 27, 1996

GENERALLY RULE 6-1.1 COMPOSITION OF BOARD Summary: Expands the Board of Legal Specialization and Education and establishes the office of chair-elect. … (b) Qualified Pension Plans.