Case law

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.

RJL v. State

887 So. 2d 1268 · Supreme Court of Florida · Nov 18, 2004

The department shall ... establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction. … A pardoned individual can therefore not satisfy the requirements of section 943.0585(2)(e), and cannot qualify for a certificate of eligibility.

Spann v. State

857 So. 2d 845 · Supreme Court of Florida · Apr 3, 2003

These facts clearly demonstrate that the murder was committed during a kidnapping. … The trial court then considered and weighed the mitigating evidence that was established in the record.

State v. Johnson

38 Fla. L. Weekly Supp. 449 · Supreme Court of Florida · Jun 27, 2013

The Court stated that the definition of “statutory maximum” it announced was clearly expressed in Apprendi. Id. … The rule in Blakely was clearly not apparent to all courts and was not dictated by precedent.”) (footnotes omitted); Carmichael v.

Michael L. King v. State of Florida

42 Fla. L. Weekly Supp. 67 · Supreme Court of Florida · Jan 26, 2017

Lugo admitted that he was not qualified to diagnose brain damage, and he did not perform any tests on King. Additionally, Dr. … At the time of King’s trial, Scotese had handled one capital case and was death-qualified; Meisner was not qualified to handle capital cases.

Amendments to the Florida Probate Rules

28 Fla. L. Weekly Supp. 495 · Supreme Court of Florida · Jun 19, 2003

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding. (b) Petition.

Walton v. State

34 Fla. L. Weekly Supp. 89 · Supreme Court of Florida · Jan 29, 2009

Brady Claim Furthermore, these affidavits do not establish Walton’s claim of a Brady violation. … P. 3.852(0(1) (limiting the scope of production to records that are not privileged or immune from production).

Yisrael v. State

986 So. 2d 491 · Supreme Court of Florida · Jul 10, 2008

Based on this letter, Yisrael qualified as an HVFO under section 775.084, Florida Statutes (2001). [2] *494 Mr. Yisrael did not object to the trial judge's consideration of the release-date letter during sentencing. … The report provided under seal in this case clearly indicated that Mr. Yisrael's predicate-felony release date was "04/08/98." The decisions of the First District in Desue v.

Butler v. State

100 So. 3d 638 · Supreme Court of Florida · Jul 12, 2012

Thus, lingering doubt does not qualify as a reasonable strategic reason for failing to present available mental mitigation. … Clearly, her testimony was not helpful in mitigation. .

Hess v. State

794 So. 2d 1249 · Supreme Court of Florida · May 17, 2001

While we agree that sexual offenses involving violence clearly qualify as prior violent felonies, we cannot ignore the fact that Hess does not have a significant history of committing violent offenses and both sexual offenses … We reasoned that while the facts in the case clearly established that the murder occurred during a robbery, the actual circumstances surrounding the murder were unclear. See id.

Jerome H. Sheip Co. v. Amos

100 Fla. 863 · Supreme Court of Florida · Oct 17, 1930

The power to store can not be said to be a more important right incident to ownership, nor any more immune from an excise, than the power to sell of consume. … In order to justify the courts in striking down an excise as confiscatory, it must be so arbitrary or oppressive as to clearly amount to a denial of due process or of equal protection.

Mahn v. State

714 So. 2d 391 · Supreme Court of Florida · Apr 16, 1998

I find there is clearly sufficient evidence to support the trial judge's conclusion that CCP existed in this case. … Legislatures have clearly made the policy choice that people under that threshold age are generally too immature to use alcohol responsibly.

In re the Executive Communication of the 9th of November, A. D. 1868

12 Fla. 653 · Supreme Court of Florida · Nov 9, 1868

Cushing cites numerous decisions of the Houses,' showing more clearly the established rule. … But it may be said that the Constitution does not expressly establish the number of members of the Senate. The language used is, (Art.

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida · Feb 11, 2021

Subdivisions (b) and (c) establish the procedure for commencing an appeal proceeding. … (F) deny a motion that: (i) asserts entitlement to absolute or qualified immunity in a civil rights claim arising under federal law; (ii) asserts entitlement to immunity

Lambright v. State

34 Fla. 564 · Supreme Court of Florida · Jun 15, 1894

statute provides that ‘‘when, by reason of challenge or otherwise, a sufficient number of jurors drawn .and summoned can not be obtained for the trial of any *570 cause in the county or circuit courts, the court shall' cause qualified … This is the established rule, and is clearly stated in the case of State vs. Flanagan, 26 W. Va., 116 , cited by counsel for plaintiffs in error.

Brock v. Hardie

114 Fla. 670 · Supreme Court of Florida · May 3, 1934

In other cases, however, the classification has been justified on the theory that farmers and stock raisers when acting within their limited sphere of immunity from the statutory penalties had but few opportunities and slight … It is possible that the cases may be reconciled on some principle not yet so clearly defined as to make a certain, definite, unvarying rule embracing the thought that the distinction must have a just relation to the legislative

State v. Town of North Miami

59 So. 2d 779 · Supreme Court of Florida · Jun 20, 1952

There was a proviso in the agreement that *783 the contract should not become effective until ratified by the qualified electors of the City. … In view of this support for the instant contract, we would not be authorized to strike it down unless clearly shown to be outside the pale of the constitution."

& SC13-1028 License Acquisitions, LLC v. Debary Real Estate Holdings, LLC and Florida Department of Business and Professional Regulation v. Debary Real Estate Holdings, LLC

Supreme Court of Florida · Dec 4, 2014

This Court has also stated that “[i]n the regulation of such establishments or ‘enterprises,’ it is the public policy of this state to limit the distance within which additional establishments of like character may be … Other cases from this Court holding a statute unconstitutional largely involved classification schemes that were clearly applicable to only one individual, entity, or geographic area.

Thomas v. Wainwright

11 Fla. L. Weekly 515 · Supreme Court of Florida · Oct 2, 1986

Thus petitioner's argument fails to establish a deficiency in counsel's performance. Steinhorst v. Wainwright, 477 So.2d 537, 540-41 (Fla. 1985). … There was nothing in the trial court record to indicate so clearly that such infirmity existed as to compel appellate counsel to argue the matter on appeal.

Dillbeck v. State

964 So. 2d 95 · Supreme Court of Florida · May 10, 2007

More than mere exposure to pretrial publicity must be shown to establish such a claim. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors