Case law

Overton v. State

976 So. 2d 536 · Supreme Court of Florida · Nov 29, 2007

Moreover, the trial court elicited information that was clearly helpful to Overton. … The record clearly establishes that Overton's trial counsel requested a change of venue due to alleged pretrial publicity.

Tafero v. State

403 So. 2d 355 · Supreme Court of Florida · Jun 11, 1981

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … Proceeding on a felony-murder theory might have been superfluous because the facts clearly demonstrated premeditation.

Gulf County School Bd. v. Washington

15 Fla. L. Weekly Supp. 435 · Supreme Court of Florida · Sep 6, 1990

It is concluded that the claimant's discharge occurred because of his inability to pass a test, not due to misconduct connected with work, and the claimant is properly qualified for benefits. … Clearly, the school board had no choice in the matter because it was prohibited by law from employing Washington as a teacher for the 1987-88 school year.

In Re Amendments to Rules of Civ. Proc.

536 So. 2d 974 · Supreme Court of Florida · Dec 30, 1988

CHANGE EXCEPT RENUMBERING) (8)(9) (NO CHANGE EXCEPT RENUMBERING) (9)(10) (NO CHANGE EXCEPT RENUMBERING) (b) (NO CHANGE) (c) (NO CHANGE) (d) (NO CHANGE) Committee Note: The purpose of adding subdivision (5) is to spell out clearly … The transcript would be a tool to assure the accuracy of the videotape and thus eliminate the need to establish other procedures aimed at the same objective (like timeclocks in the picture and the like).

Archer v. State

934 So. 2d 1187 · Supreme Court of Florida · Jun 29, 2006

Thus, Archer *1203 did not establish through guilt-phase counsel that evidence of the Mississippi burglary was not disclosed to him. … (9) Archer is innocent of the death penalty; (10) the penalty-phase jury instructions improperly shifted the burden to Archer; (11) the trial court erroneously instructed the jury to decide whether an expert witness was qualified

The Florida Bar v. Lanell Williams-Yulee

39 Fla. L. Weekly Supp. 300 · Supreme Court of Florida · May 1, 2014

-7-  This Court recognizes that by prohibiting judicial candidates from personally soliciting campaign contributions, Canon 7C(1) clearly restricts a judicial candidate … Although many or most lawyers may act with pure motives, viz., to ensure a qualified judiciary and to ensure vigorous public debate, the outside observer cannot but think that the lawyer or potential litigant

State of Florida v. Alex Diaz de la Portilla

40 Fla. L. Weekly Supp. 626 · Supreme Court of Florida · Nov 5, 2015

The Third District' further stated that, assuming arguendo that the contempt must be characterized as direct or indirect, the failure to appear qualified as direct criminal contempt. Id. at 273-74 . … The court also noted that because Kelley was not punished until approximately six months after the conduct, immediate punishment was clearly not necessary. Id.

In Re Amendments to Rules of Jud. Admin.

915 So. 2d 157 · Supreme Court of Florida · Nov 3, 2005

The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit. … All motions for continuance in priority cases shall clearly identify such priority status and explain what effect the motion will have on the progress of the case. (ef) Time Standards.

Arbelaez v. Butterworth

738 So. 2d 326 · Supreme Court of Florida · Jun 17, 1999

Clearly, the allocation of resources to fund postconviction relief counsel to capital defendants should ordinarily be a matter of legislative choice and policy. … Petitioners' claim that the report shows that the CCRCs are woefully underfunded but when properly funded and staffed by qualified lawyers, the CCRCs are the most cost-effective and efficient method of providing competent

Jones v. State

440 So. 2d 570 · Supreme Court of Florida · Sep 15, 1983

The record established that there was strong reason to believe the sniper was present within the apartment and had ready access to firearms. … He specifically contends that Officer Mundy was not qualified to testify that, in his opinion, the mark on the "stash house" window sill was made by the recoil of a high-powered rifle.

Hall v. Lewis

94 Fla. 682 · Supreme Court of Florida · Oct 19, 1927

It is true complainant denies that the officers taking the several acknowledgments were authorized or that the acknowledgments were taken by an officer qualified to make certificate thereof. … The Court held that should it be granted that the truth established that fraud and deception were practiced upon appellant (married woman) by her husband, that neither one of the witnesses whose name appears thereon were

Winkles v. State

894 So. 2d 842 · Supreme Court of Florida · Jan 13, 2005

State, 563 So.2d 77, 80 (Fla.1990) ("We have consistently held that the contemporaneous conviction *847 of a violent felony may qualify as an aggravating circumstance, so long as the two crimes involved multiple victims or … Supreme Court invalidated the sentencing provisions of the Arizona death penalty scheme because those provisions did not provide for jury findings as to the aggravating circumstances that must be established to impose the

Amendments to the Florida Rules of Appellate Procedure

30 Fla. L. Weekly Supp. 84 · Supreme Court of Florida · Feb 3, 2005

; (vi) that a class should be certified; or (vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law; or (viii) that a governmental entity … Subdivision (c) was adopted to identify more clearly what constitutes the record in appeals from administrative proceedings.

Heart of Adoptions, Inc. v. JA

32 Fla. L. Weekly Supp. 455 · Supreme Court of Florida · Jul 12, 2007

Protection of his parental interest would depend, then, upon recognition of a constitutional right to the opportunity to develop a qualifying relationship with the infant."). … This is clearly contrary to section 63.062(2)(b)3 which states that an unmarried biological father should pay "a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's

Suarez v. State

11 Fla. L. Weekly 1 · Supreme Court of Florida · Dec 19, 1985

The facts before the court, and patent from the four corners of the case at the critical posture involved, clearly supported the court's conclusion that [the co-defendant] was entitled to the Fifth Amendment privilege against … Absent a grant of immunity, we can conceive of no way in which the co-defendants could have given useful information *1209 without incriminating themselves, because they would have had to admit their presence at the scene

Rose v. State

787 So. 2d 786 · Supreme Court of Florida · Apr 5, 2001

Rose states that clearly there was no such evidence and the related testimony should not have been allowed. As earlier mentioned, Dr. Fatteh was the State's main witness in establishing the cause and manner of death. … In its consideration of the nonstatutory mitigators, however, the court found the first statutory mitigator to qualify as nonstatutory.

Amendments to the Rules Regulating The Florida Bar - Biennial Petition

Supreme Court of Florida · Apr 11, 2019

Any fee in excess of 25% shallwill be presumed to be clearly excessive. … Comment Lack of funding, alone, does not constitute just cause under this rule. 14-7 IMMUNITY AND CONFIDENTIALITY RULE 14-7.1 IMMUNITY AND CONFIDENTIALITY (a) Immunity.

Amos v. Mathews

99 Fla. 115 · Supreme Court of Florida · Jan 15, 1930

brief synopsis of each act might be helpful to the end that the aspect of the subject under investigation may be seen in all its relations and the vanishing point of constitutional objections, if any exist in reality, more clearly … It is evident that a material fallacy exists here and it lies in the first premise which is a complete denial of a governmental policy established by our Constitution and followed by our legislative and judicial departments

Harrell v. State

709 So. 2d 1364 · Supreme Court of Florida · Apr 23, 1998

Best, 76 F.Supp. 138, 139 (D.Mass.1948). [5] We find this to be a very important consideration, [6] *1370 for it is clearly in our state's interest to expeditiously and justly resolve criminal matters that are pending in … Therefore, we are establishing the following guidelines to aid in making this decision.

In Re AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE

39 Fla. L. Weekly Supp. 147 · Supreme Court of Florida · Mar 20, 2014

The case plan must be written simply and clearly in English and the principal language of the young adult. … (1) If the department establishes that the young adult meets the eligibility requirements for readmission to foster care as provided by law, the court shall enter an order reinstating jurisdiction over the