Case law

Michael H. Hunt v. State of Florida

Supreme Court of Florida · Dec 18, 2025

The State’s evidence at trial established the facts as explained above. … ,’ a legislature does not thereby immunize it from scrutiny under the Ex Post Facto Clause.”

Kathy Johnson v. Omega Insurance Company

41 Fla. L. Weekly Supp. 415 · Supreme Court of Florida · Sep 29, 2016

Specifically, the district court’s repeated usage of the phrases “under the undisputed facts of this case” and “in this context” to qualify its reasoning indicated that the court was disturbed by the particular facts related … Like the decision below, the denial in Cajusma contradicts well-established insurance jurisprudence, and we thus disapprove of it to the extent that it conflicts with this opinion.

Walton v. State

847 So. 2d 438 · Supreme Court of Florida · May 29, 2003

Clearly, Walton's claim to relief under Espinosa is barred. … Clearly, this type of reargument is improper, and this claim is barred. See Blanco v.

Tompkins v. State

872 So. 2d 230 · Supreme Court of Florida · Apr 22, 2004

The record clearly reflects that counsel knew that Lisa reportedly was seen after the time established for her murder. Counsel attempted to introduce this very evidence through the hearsay testimony of Lisa's mother. … limiting his cross-examination of State's witnesses Barbara DeCarr and Detective Burke; (3) the trial court erred in permitting the State to elicit certain testimony from Barbara DeCarr on redirect examination; and (4) death-qualified

Foster v. State

929 So. 2d 524 · Supreme Court of Florida · Mar 23, 2006

Dee's testimony did not clearly establish that Foster was mentally retarded. Q In your testing of Mr. … Yes, that's the way you classify for special ed, depends on the school item, but special ed is for kids slow in everything, not specifically a learning disability, it would be 75 or 70 or below at the, the rate you qualify

Greenwade v. State

38 Fla. L. Weekly Supp. 717 · Supreme Court of Florida · Oct 17, 2013

Thirteen bales out of the 234 were randomly tested by a deputy who was qualified as an expert in the identification of marijuana. Id. … The plain language and structure of these statutes demonstrate that the Legislature clearly intended to provide for distinct crimes and substantially different punishments for different types of substances.

Lescher v. FLORIDA DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES

33 Fla. L. Weekly Supp. 434 · Supreme Court of Florida · Jul 3, 2008

that he qualified. … Our prior decisions clearly establish that in Florida, driver's license revocation and the unavailability of a hardship license for persons with four DUI convictions have not been viewed as criminal punishment. 3.

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773 · Supreme Court of Florida · Dec 26, 1996

However, we encourage appellees not to rewrite the statement of case and facts except where clearly necessary. In McFadden v. … ; as a matter of law; or *797 (vii) that a class should be certified; or (viii) 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; (D) grant

Bundy v. State

10 Fla. L. Weekly 269 · Supreme Court of Florida · May 9, 1985

Applying the second criterion we find that the apparent reliance of the police on the use of hypnosis also clearly weighs in favor of the prospective application of our ruling. … We find that the testimony offered was competent and sufficient to establish the aggravating circumstance.

NORTH FLA. WOMEN'S HEALTH SERVICES v. State

866 So. 2d 612 · Supreme Court of Florida · Jul 10, 2003

At least one such interest has been established here. … Only when that decision clearly transgresses private rights should the courts interfere.

In Re Amendments to the Rules Regulating the Florida Bar

36 Fla. L. Weekly Supp. 409 · Supreme Court of Florida · Jul 7, 2011

These include, for example, the seller’s ethical obligation to exercise competence in identifying a purchaser qualified to assume the practice and the purchaser’s obligation to undertake the representation competently (see … This chapter requires maintenance of a bank or savings and loan association account, clearly labeled as a trust account and in which only client or third party trust funds are held.

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103 · Supreme Court of Florida · Dec 26, 1996

However, we encourage appellees not to rewrite the statement of case and facts except where clearly necessary. In McFadden v. … ; as a matter of law; or (vii) that a class should be certified; or (viii) 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; (D) grant

Branch v. State

952 So. 2d 470 · Supreme Court of Florida · Aug 31, 2006

The trial court then explained: In the instant case, an investigation was clearly ongoing at the time the car had been seized. The trunk had been opened in search of the victim. … Furthermore, even if Branch is correct in his assertion that the Indiana conviction did not qualify as a prior violent felony to support the aggravating circumstance, any error would be considered harmless.

Pagan v. State

830 So. 2d 792 · Supreme Court of Florida · Apr 4, 2002

The evidence of these statements of intent clearly established the connection between Pagan and Graham and the previous burglary of the Joneses' home and established the motive for the later burglary and robbery, the premeditation … In order to be admissible, prior consistent statements, like other hearsay statements, must qualify under a hearsay exception.

Tavares J. Wright v. State of Florida

Supreme Court of Florida · Nov 1, 2018

Therefore, any discussion of Salazar or its potential conflict with Oats is unnecessary here, particularly because Wright clearly failed to establish either prong at issue. … This guidance, albeit muddled, is clearly a far cry from the bright-line prohibition that Justice Pariente reads into the language.

Messer v. Lang Messer v. Lee

129 Fla. 546 · Supreme Court of Florida · Oct 7, 1937

Justice Terrell that all other questions relating to the constitutionality of this Act, Chapter 18,296, are clearly settled by the decisions of this court in the cases *564 of Ridgeway v. … Our decisions, then, do indicate that the titlq vested in the State after the two-year redemption period has expired is not an absolutely unconditional and indefeasible title, but a qualified or defeasible title, subject

Amendments To Florida Rule of Criminal Procedure 3.851(H)

27 Fla. L. Weekly Supp. 773 · Supreme Court of Florida · Sep 19, 2002

In other instances, the committee found that, when postconviction relief motions had been *1011 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 … Teleconferencing sites have been established by the Department of Management Services, Division of Communications at various metropolitan locations in the state.

State v. JP

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. … Only when that decision clearly transgresses private rights should the courts interfere.

Doorbal v. State

837 So. 2d 940 · Supreme Court of Florida · Jan 30, 2003

The evidence clearly establishes that Doorbal acted with a dominant motive of pecuniary gain. … decision to find the avoid arrest and CCP aggravators is very clearly supported by competent, substantial evidence.

Blake v. State

972 So. 2d 839 · Supreme Court of Florida · Dec 13, 2007

In Florida, lilt is well established that a confession cannot be obtained through direct or implied promises. … Thus, the jury in this case was clearly informed of the verdict in Blake's trial for the first-degree murder and attempted robbery of Young.