Case law

Michael James Jackson v. State of Florida

Supreme Court of Florida · Dec 19, 2025

Love held that procedural changes altering the burden of proof at pretrial immunity hearings under Florida’s “Stand Your Ground” law applied to pending cases in which the “immunity hearings . . . take place on or after … McCree, 476 U.S. 162 (1986), which held “that the Constitution does not prohibit the States from ‘death qualifying’ juries in capital cases.” Id. at 173.

La Tour v. Stone, Sheriff

139 Fla. 681 · Supreme Court of Florida · Aug 1, 1939

Section 8 of Article VIII of the Constitution provides that, ‘the legislature shall have power to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to … Again, Section 14 of Article XVI, Constitution of 1885, provides as follows: ‘All State, county and municipal officers shall continue in office after the expiration of their official terms until their successors are duly qualified

Kevin Don Foster v. State of Florida

258 So. 3d 1248 · Supreme Court of Florida · Dec 6, 2018

The Florida Statutes clearly establish the elements of first-degree murder required for a conviction, and upon conviction, the required findings in order to sentence a defendant to the death penalty. … rejected the claim of newly - 12 - discovered evidence, saying: “[W]e have rejected similar claims on the basis that scientific research with respect to brain development does not qualify

The Florida Bar v. Susan K. W. Erlenbach

39 Fla. L. Weekly Supp. 304 · Supreme Court of Florida · May 1, 2014

Considering the Court’s established case law, the referee’s recommended sanction did not appear to be appropriate. … In imposing attorney discipline, this Court must not deny the public the services of a qualified lawyer as a result of undue harshness. Id.

Haager v. State

83 Fla. 41 · Supreme Court of Florida · Jan 23, 1922

Insofar as it affected the truth of the contention of the defendant that the blow was on his right leg, this was established by all the witnesses who testified on this point; and it was clearly shown that she was mistaken … Every doubt whether it be reasonable or not, is “shadowy” and “flimsy,” and it would be better if judges would give the usual charge on the subject of reasonable doubt without attempting to define, explain, modify or qualify

Varnum v. State

137 Fla. 438 · Supreme Court of Florida · Apr 28, 1939

The office of Superintendent of Schools in Escambia County is filled by the qualified electors of said County at an election called for this purpose and plaintiff in error had contested with other candidates for this office … this Court, and requested the trial court to charge or instruct the jury in the following language, viz.: "I further charge you that the State is relying upon testimony of an accomplice that is to say Ferrell McDonald to establish

Robert Velazco v. State of Florida

Supreme Court of Florida · Jun 30, 2022

State, 118 So. 3d 787, 794 (Fla. 2013) (concluding that driving with a suspended license under section 322.34(2), Florida Statutes (2009), and unlawful driving as a habitual traffic offender under section 322.34(5) qualified … The lone difference between the two offenses, as Judge Emas explained below, is the final aggravating conduct—the seriousness of the resulting harm, which “when viewed in the context of section 316.193, most clearly establishes

Cason v. Baskin

155 Fla. 198 · Supreme Court of Florida · Nov 24, 1944

Much later there came a qualified protection of the individual against offensive noises and odors, against dust and smoke and excessive vibration. The law of nuisance was developed. … It is defensive matter, unless it so clearly appears from the plaintiff’s declaration as to show that plaintiff has no cause of action, in which case it could be reached by demurrer.

University of Florida v. Massie

17 Fla. L. Weekly Supp. 306 · Supreme Court of Florida · May 28, 1992

The medical evidence merely established a link between claimant's heart attack and his psychological and emotional stress... . … However, there is clearly a difference between cases involving a pre-existing heart condition and an exposure case like Worden v.

Williams v. State

967 So. 2d 735 · Supreme Court of Florida · Oct 18, 2007

a "clearly erroneous" standard. … This Court has held that lewd and lascivious acts against minors qualify as prior violent felonies, see, e.g., Lawrence v.

State Ex Rel. Hollywood Jockey Club, Inc. v. Stein

133 Fla. 530 · Supreme Court of Florida · Jul 20, 1938

Further on in the opinion in that case the Court added: “That their action is subject to review as to its reasonableness, and as to whether such action is within their powers, has we think been clearly established by our … On the face of the pleadings now before us, we cannot say that this has been clearly made tc appear.

Dufour v. State

905 So. 2d 42 · Supreme Court of Florida · Apr 14, 2005

In return for immunity from several armed robbery charges, Miller testified that appellant had told him of the murder in some detail, and that appellant had attempted to procure through him witness Stacey Sigler's death for … Evidence actually adduced during the penalty phase established Dufour's history of substance abuse.

Dept. of Ins. v. Dade Cty. Consumer Adv.

492 So. 2d 1032 · Supreme Court of Florida · Jun 3, 1986

Many of the decisions relied upon in the majority opinion were cases in which legislation was challenged on the ground that it violated or impaired the exercise of some constitutionally guaranteed right, liberty, or immunity … Thus when courts respond to such challenges by setting forth possible legislative intentions or beliefs, such statements are clearly obiter dicta.

Riley v. State

511 So. 2d 282 · Supreme Court of Florida · Jul 9, 1987

Petitioner clearly exhibited a subjective expectation of privacy in the greenhouse and its contents and thus we concur with the trial court and the district court in this regard. … Indeed, we note the care taken to qualify and limit the permissible observation to the "naked eye" from "navigable air space" at an "altitude of 1000 feet" in a "physically nonintrusive manner." [8] These are not the facts

Joint Ventures, Inc. v. Dept. of Transp.

15 Fla. L. Weekly Supp. 246 · Supreme Court of Florida · Apr 26, 1990

However, as Justice Holmes recognized, the "seemingly absolute protection" of required compensation is "qualified" by another inherent power of the state, the police power. Pennsylvania Coal Co. v. … The form of the remedy did not qualify the right. It rested upon the Fifth Amendment. Statutory recognition was not necessary. A promise to pay was not necessary.

Brickell v. DiPietro Ex Rel. DiPietro

145 Fla. 23 · Supreme Court of Florida · Oct 8, 1940

In the cases cited by counsel for petitioners the trusts were created and fully established. … The *36 rule adopted by this Court to be applied to the will now before us was clearly expressed by Mr. Justice Whitfield in the case of Byrne Realty Co. v. South Florida Farms Co., 81 Fla. 805 , 89 So. 318 , viz.

State v. Hassberger

350 So. 2d 1 · Supreme Court of Florida · May 26, 1977

The prosecution's limited privilege to withhold the identity of a confidential informer is well established under Florida law. Treverrow v. State, 194 So.2d 250 (Fla. 1967); Harrington v. … Fla.R.Crim.P. 3.220(h) qualifies the above-cited rule, stating: (h) Protective Orders.

Florida Bar Re: Amendment to Florida Rules of Judicial Administration

17 Fla. L. Weekly Supp. 637 · Supreme Court of Florida · Oct 8, 1992

The Florida legislature has clearly stated that it is the policy of this state to support and encourage recycling. § 403.702, Fla.Stat. (1991). … The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit.

Hobbs v. Frazier

61 Fla. 611 · Supreme Court of Florida · Jan 15, 1911

Hobbs and duly qualified as such; that during April, 1907, said J. W. Hobbs was engaged in the saloon business at. … Rep., 1000, in which it is clearly stated that State courts have jurisdiction of suits like the present one. See Beasley v. Coggins, supra.

Henry v. State

613 So. 2d 429 · Supreme Court of Florida · Dec 24, 1992

The sufficiency and propriety of the predicate for a dying declaration is a mixed question of law and fact, and a trial court's determination of the issue will not be disturbed unless clearly erroneous. Teffeteller v. … Contrary to Henry's argument, we also find the aggravating factors to have been established beyond a reasonable doubt.