Case law

Gibson v. Love

4 Fla. 217 · Supreme Court of Florida · Jan 15, 1851

.— This instruction we consider erroneous in this — that it was not qualified, by further instructing the jury that the policy of the law, sanctioned by authority, regarded certain facts as such unerring indicia of fraud, … celebrated of these, and in the commentaries on that case, in Smith’s Leading Oases, by both the English and American editors, we find all the most important authorities arranged and digested, and the principles involved very clearly

Hardee Trustees v. Horton

90 Fla. 452 · Supreme Court of Florida · Nov 3, 1925

“To have and to hold'the same together with all the rights, privileges, immunities and appurtenances thereto belonging unto the said State of Florida, in fee simple and to its assigns forever. … It is further denied in adopting the amended instructions and plat accompanying same for surveying the Everglades they did establish, or attempt to establish between the said Townships 53 and 54 a certain hiatus or strip

McCoy v. State

38 Fla. L. Weekly Supp. 911 · Supreme Court of Florida · Dec 19, 2013

Instead, the record clearly demonstrates that McCoy had a deliberate plan to commit this murder. … Larson, the defense expert, testified that he believed McCoy would qualify for this mitigator, Dr.

Griffin v. State

447 So. 2d 875 · Supreme Court of Florida · Mar 16, 1984

Bryant had been granted immunity by the State and testified at the trial. Another outstanding private attorney, Mr. Michael L. … The deposition of Henry Hamm already taken clearly shows his inability to afford the desired alibi. No good purpose would have been served by another deposition. 18-22.

Inquiry Concerning a Judge No. 19-409 Re: Barbara Kaye Hobbs

Supreme Court of Florida · May 19, 2022

Because the alleged misconduct is based upon Judge Hobbs’s failure to recuse herself, but the record does not clearly and convincingly establish that recusal was required in either case, we approve the Hearing Panel’s … The Hearing Panel found that the evidence presented against Judge Hobbs with respect to these charges did not clearly and convincingly establish violations of the Code of Judicial Conduct, as Judge Hobbs “was not seeking

Grim v. State

841 So. 2d 455 · Supreme Court of Florida · Mar 20, 2003

The trial court denied the motion by written order and found the proffer insufficient to establish that the victim's statements to Wallace qualified as an excited utterance. … established.

DEPARTMENT OF TRANS. OF STATE OF FLA. v. Nalven

455 So. 2d 301 · Supreme Court of Florida · Apr 19, 1984

But if the landowner, using established conventional appraisal methods, establishes fair market value of the land on the date of taking, the mere fact that it is greater than the value before the location of the project was … That constitutional provision clearly applied only to a "corporation or individual" and clearly stated that the compensation for property taken should be calculated "irrespective of any benefit from any improvement proposed

Kight v. Dugger

574 So. 2d 1066 · Supreme Court of Florida · Nov 29, 1990

To hold otherwise would subject the records of a defendant who is unable to retain private collateral representation to public disclosure while those of a defendant represented by private counsel would be immune from such … established mitigation constituted fundamental constitutional error; 8) the state presented victim-impact evidence, contrary to Booth; 9) the exclusion of evidence material to Kight's theory of defense was fundamental error

Braddy v. State

37 Fla. L. Weekly Supp. 703 · Supreme Court of Florida · Nov 15, 2012

Braddy’s comments qualify as an unequivocal invocation of his right to remain silent. … “Once it is established that there were coercive influences attendant upon an initial confession [or incriminating statement], the coercion is presumed to continue ‘unless clearly shown to have been removed prior to a subsequent

Amendments To Florida Rules of Criminal Procedure 3.851, 3.852, & 3.993

26 Fla. L. Weekly Supp. 494 · Supreme Court of Florida · Jul 12, 2001

In other instances, the committee found that, when postconviction relief motions had been filed, they clearly had not moved at an orderly pace and the signing of a death warrant was being used as a means to expedite the process … The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit.

LeShannon Jerome Shelly v. State of Florida

262 So. 3d 1 · Supreme Court of Florida · Dec 13, 2018

The accuracy of this view is established both by what the Welch opinion says next and by what this Court did not say at all in that opinion. … However, Welch would not qualify as such a case.

William F. Roberts v. State of Florida

Supreme Court of Florida · Jun 25, 2026

For this reason, to the extent Roberts argues the evidence did not qualify as collateral crime evidence, we reject his argument as unpreserved and inconsistent with trial counsel’s concession. See Scott v. … Prichard’s testimony did not conclusively establish the statutory mitigator by the greater weight of the evidence.

State v. J.P.

907 So. 2d 1101 · Supreme Court of Florida · Nov 18, 2004

Nor has the application of the strict scrutiny standard to juvenile curfew ordinances proven clearly legally erroneous. … In Wyche , this Court wrote: Hailing a cab or a friend, chatting on a public street, and simply strolling aimlessly are time-honored pastimes in our society and are clearly protected under Florida as well as federal law.

South Florida Farms Co. v. Stevenson

84 Fla. 235 · Supreme Court of Florida · May 5, 1922

That the contract was one of employment and not one of simple brokerage, seems established by its very terms. … So clearly, fully and precisely were the terms of the arrangement stated by Mr. Busch, President of the company, that Mr.

Robinson v. State

684 So. 2d 175 · Supreme Court of Florida · Nov 21, 1996

In the end, the trial judge must carefully analyze all the possible statutory and nonstatutory mitigating factors against the established aggravators to ensure that death is appropriate. Pettit v. … The record also suggests appellant's mental functioning may have been impaired by several brain injuries, which may qualify as a mitigating factor.

Brown v. State

367 So. 2d 616 · Supreme Court of Florida · Feb 1, 1979

negotiated second-degree murder pleas in return for testifying against Benyard, that each had refused to testify (as a consequence of which the state was unable to go to trial against Benyard), and that Benyard was now immune … The more severe penalty is not so clearly directed by the sentencing evidence that it should override the considered judgment of Brown's jury. The sentence imposed by the trial court is therefore vacated.

Edward T. James v. State of Florida & Edward T. James v. Secretary, Department of Corrections

Supreme Court of Florida · Mar 13, 2025

unusual punishment, “consistent with our longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly … State, 350 So. 3d 25, 37 (Fla. 2022) (“[F]or purposes of the Eighth Amendment, the existence of a traumatic brain injury does not reduce an individual’s culpability to the extent they become immune from

Brooks v. Owens

97 So. 2d 693 · Supreme Court of Florida · Oct 25, 1957

It is our conclusion, therefore, that the defendant presents to us a case qualifying *696 for the review by this court at this time the interlocutory order in law of the lower court, since we are convinced that should defendant … While such a doctrine may develop in the foreseeable future, we do not believe it has yet been established. We would rather agree with the federal judge in Brackett v.

Linda Pedroza v. State of Florida

Supreme Court of Florida · Mar 12, 2020

Unlike Kelsey, which limits the holding to the narrowest issue presented by the facts of the case, Johnson clearly stands for a rule of law much broader than the facts required, going as far as announcing and then applying … To qualify as a “meaningful opportunity for early release,” a juvenile nonhomicide offender’s sentence must meet each of the three parameters described in Henry. Johnson, 215 So. 3d at 1243.

Saunders v. Richard

35 Fla. 28 · Supreme Court of Florida · Jan 15, 1895

Under Circuit Court Rule in Equity No. 61, the court •had power, upon motion and cause shown, to permit amendments, although they may qualify and alter the original statements. … Saunders, who is alleged to be a married woman, and whose divorce is not clearly shown by the record, gave her consent, it was under a misapprehension of her rights, as already stated.