Case law

Knight v. State

721 So. 2d 287 · Supreme Court of Florida · Nov 12, 1998

His actions clearly indicate however that he ordered them back into the car, told them to drive to an even more secluded area and executed them. … The judge then properly exercised his discretion and determined that the nonstatutory mitigation had been established. Chandler, 702 So.2d at 201 .

Dickenson v. Berger

156 Fla. 421 · Supreme Court of Florida · Oct 5, 1945

That opinion establishes the law on this phase of this case. … Graham’s Estate it seemed axiomatic that exposure to false and fraudulent claims was of no more benefit than exposure to contagious disease, and that establishment of immunity did not alter the principle, and he denied the

Reynolds v. State

99 So. 3d 459 · Supreme Court of Florida · Sep 27, 2012

Therefore, even if there was some confusion because of the trial testimony from Badger regarding DNA evidence, the other FDLE analyst clearly established that no semen from Reynolds was found inside of Robin or Christina … We address the argument as if it was directed to the investigator rather than to the landlady — neither of whom were qualified as bleach experts.

Wilson v. Fridenberg

22 Fla. 114 · Supreme Court of Florida · Jan 15, 1886

Williams, remark, but the executor or administrator cannot create a debt against the deceased ; and it is immaterial how clearly the intent to do. so may be expressed, for having no power to bind the estate, he only binds … There is nothing stated in the mortgage qualifying such effect, nor is there anything else in the mortgage which this covenant is necessary to, and which would be ineffectual without it.

Pardo v. State

108 So. 3d 558 · Supreme Court of Florida · Dec 4, 2012

Simply because an execution method may inadvertently result in pain does not establish the sort of ‘objectively intolerable risk of harm’ necessary to establish an Eighth Amendment violation. … Relying on this Court’s clearly established precedent on this issue, the circuit court denied Pardo’s length of time on death row claim as mer-itless and legally insufficient.

Hayes v. State

660 So. 2d 257 · Supreme Court of Florida · Jun 22, 1995

Clearly, Hayes had no such obligation. … While evidence exists in this case to establish that Hayes committed this offense, physical evidence also exists to establish that someone other than Hayes committed the offense.

Advisory Opinion to the Governor

88 So. 2d 756 · Supreme Court of Florida · Jun 21, 1956

The State Attorney of the Circuit (Fifteenth) points out that “the evidence clearly indicates that a desperate ■struggle occurred on the beach at his (Judge Chillingworth’s) Manalapan home near Palm Beach on the night or … If the time of death can be so established, a for-tiori the time of cessation of inhabitancy and abandonment may be so proved.

Hildwin v. State

951 So. 2d 784 · Supreme Court of Florida · Dec 14, 2006

No Longer a Rape Case The State clearly relied on the serology evidence to imply that Hildwin raped Cox. … Perhaps the State did not prosecute this as a rape case, as the majority concludes, but the prosecution clearly used evidence of rape to prosecute its case for murder.

NAACP, INC. v. Florida Bd. of Regents

28 Fla. L. Weekly Supp. 815 · Supreme Court of Florida · Nov 13, 2003

However, this is clearly not the case. Such a finding can be made only if the obvious impact on African-American students, as compared to nonminority students, under the proposed rules is misapprehended. … The board of governors shall establish the powers and duties of the boards of trustees.

Reeves v. State

957 So. 2d 625 · Supreme Court of Florida · May 17, 2007

As Nettles does not contest that he qualifies for sentencing as a prison releasee reoffender, his negotiated sentence of 66.4 months, with the first 60 months being served pursuant to the PRRPA and the remaining 6.4 months … Clearly, we have determined that the sentence provided by the PRRPA is not a mandatory sentence which must be imposed upon an eligible defendant.

In Re Graziano

696 So. 2d 744 · Supreme Court of Florida · May 30, 1997

The policy reasons for the confidentiality of the original complaint clearly outweigh any benefit the discovery of *752 it could have in view of the discovery right provided by rule 12. … Before reporting findings of fact to this Court, the JQC must conclude that they are established by clear and convincing evidence. In re McAllister, 646 So.2d 173, 177 (Fla. 1994).

Ponticelli v. State

941 So. 2d 1073 · Supreme Court of Florida · Aug 31, 2006

The note does not clearly indicate that Ponticelli was the person Keesee witnessed using cocaine on the night of the murders. … The trial court found that these notes did not clearly indicate the information Ponticelli now alleges and that, even if they did, Ponticelli has not established that the suppression resulted in prejudice. We agree.

Roberts v. Smith

72 Fla. 537 · Supreme Court of Florida · Dec 20, 1916

It is sufficient to say that the evidence establishes the fact that the plaintiff derived his title to the land from a conveyance executed by William D. … That the defendant had been in the actual possession of the land for a period of time considerably more than five years is clearly established by the evidence.

Bryan v. State

753 So. 2d 1244 · Supreme Court of Florida · Feb 22, 2000

To introduce the medical reports of certain experts instead of having these experts testify in person was clearly a tactical decision. … Two [IVs] are started by qualified medical personnel. One IV is placed in each arm. A saline solution is started in each IV. Meanwhile, a pharmacist prepares eight syringes, numbered one through eight.

Villazon v. Prudential Health Care Plan, Inc.

28 Fla. L. Weekly Supp. 267 · Supreme Court of Florida · Mar 27, 2003

He did not, in the Supreme Court's words, only make a "simple yes or no" decision as to whether Pappas' condition was covered; it clearly was. Rather, Dr. … as establishing a civil liability.")

Taylor v. State

34 Fla. L. Weekly Supp. 161 · Supreme Court of Florida · Jan 29, 2009

Sonya Davis The trial court denied Taylor’s claim that trial counsel was ineffective for failing to present the testimony of the victim’s daughter, Sonya Davis, because the record “clearly shows Ms. … He further argues that this 1982 conviction was too remote in time to qualify as an aggravator. In Nixon v.

Amendments to Florida Supreme Court Approved Family Law Forms

28 Fla. L. Weekly Supp. 407 · Supreme Court of Florida · May 15, 2003

If the respondent is not one of the above, you should look at Petition for Injunction for Protection Against Repeat Violence, Florida Supreme Court Approved Family Law Form 12.980(g), to determine if your situation will qualify … for an injunction for protection against repeat violence, or Petition for Injunction for Protection Against Dating Violence, Florida Supreme Court Approved Family Law Form 12.980(o), to determine if your situation will qualify

State of Florida v. Kenneth Purdy

252 So. 3d 723 · Supreme Court of Florida · Aug 30, 2018

We answer the certified question in the negative and quash the Fifth District's decision, which held that chapter 2014-220, Laws of Florida, requires modification of the overall sentence whenever a juvenile establishes rehabilitation … As seen in these examples, and in the text itself, the review provisions added by the Legislature are clearly and unequivocally linked to those offenses specified in chapter 2014-220.

Hoffman v. Jones

280 So. 2d 431 · Supreme Court of Florida · Jul 10, 1973

If this case was the origin of common law contributory negligence, then clearly it would not have been adopted as part of the statutory law of this state through Florida Statutes, Section 2.01, F.S.A., because that decision … If the evidence adduced in the instant case established the fact that the plaintiff's own negligence contributed to the proximate cause of the injuries which he received, then he cannot recover, even though it is also established

Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion

Supreme Court of Florida · Apr 1, 2024

Let’s Help Florida, 363 So. 2d 337, 339 (Fla. 1978) (stating that the burden upon the opponent of an initiative proposal is to establish that the proposal is “clearly and conclusively defective” (quoting Weber v. … Garner, Reading Law: The Interpretation of Legal Texts (2012), a treatise devoted to the interpretation of legal text, identifies the application of the series qualifier canon as “highly sensitive to context.”