Case law

Miller v. State

926 So. 2d 1243 · Supreme Court of Florida · Mar 23, 2006

We find the claim here clearly distinguishable from Ruiz . … This Court clearly disapproves of this type of argument. See, e.g., Thomas v.

Jason Dirk Walton v. State of Florida & SC17-1083 Jason Dirk Walton v. Julie L. Jones, etc.

Supreme Court of Florida · May 17, 2018

As to the first prong of the newly discovered evidence test, the postconviction court found that the resentencing of codefendant Cooper qualified as newly discovered evidence. … Clearly, Walton is attempting to circumvent this Court’s retroactivity holding in Asay V when he asserts that Hurst constitutes a newly discovered fact and is applicable through a cumulative analysis.

Deviney v. State

38 Fla. L. Weekly Supp. 124 · Supreme Court of Florida · Feb 21, 2013

Giles believed the evidence established that an actual sexual battery did not occur. … The court held that, at that point, the “status of the interrogation clearly shifted from noncustodial to custodial.” Id. at 708.

David Sylvester Frances v. State of Florida

143 So. 3d 340 · Supreme Court of Florida · Apr 17, 2014

not required to analyze whether the defendant has established the other prong. … Frances has failed to establish prejudice under Strickland.

Scipio v. State

928 So. 2d 1138 · Supreme Court of Florida · Feb 16, 2006

The definition clearly refers to written or recorded statements known to the State and unknown to the defendant. … In fact, we applied it only two years later, cementing its status as established law.

Westerheide v. State

831 So. 2d 93 · Supreme Court of Florida · Oct 17, 2002

If the evidence fails to establish this, then the person will not be civilly committed. … Thus, only those individuals who require long-term treatment in a secure facility qualify for commitment under the Ryce Act and no less restrictive alternative is appropriate for these individuals.

Russ v. Russ

9 Fla. 105 · Supreme Court of Florida · Jul 1, 1860

This difference of construction, well established from the case of Forth vs. Chapman, 1 P. … Wms., 664, has qualified the general rule that words which, if applied to real estate, would give an estate tail, when applied to per■sonalty give the absolute interest.

State v. Aiuppa

298 So. 2d 391 · Supreme Court of Florida · May 1, 1974

The Court, however, concludes that the intent and purpose of the statute clearly is to prohibit conduct deemed sexually obscene. … It is a firmly established rule that `Courts must apply a statute as they find it, leaving to the legislature the correction of assorted inconsistences and inequalities in its operation' at 530. McClain v.

Michael Duane Zack, III v. State of Florida

Supreme Court of Florida · Sep 21, 2023

State, 350 So. 3d 25, 37 (Fla. 2022) (“For the 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 capital punishment … Zack has clearly known about the jury’s - 28 - nonunanimous recommendation since his 1997 penalty phase, but he raised no challenge to it in his direct appeal.

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978 · Supreme Court of Florida · Sep 17, 2015

Nor does it establish prejudice. … Clearly, Hernandez exhibited a desire to have a jury trial on guilt when he disagreed with his first lawyer’s advice to enter a plea, resulting in Stokes being appointed.

In re Rules of Probate & Guardianship Procedure

201 So. 2d 409 · Supreme Court of Florida · Jul 26, 1967

Committee Note: This rule is intended to clearly permit the use of discovery practices in probate and guardianship matters. … (b) Upon the probate of such a will, the court shall establish the correct translation thereof in its order admitting the will to probate.

State Ex Rel. Sherrill v. Milam

113 Fla. 491 · Supreme Court of Florida · Nov 17, 1933

We also think it would not be amiss to quote the grounds of the motion to quash, in order that the contentions of each of the parties may be made clearly to appear. … the obligation of the contract of the relators as holders of refunding bonds of the district issued on July 1, 1925, and under the authorities cited in our consideration of Chapter 14717, the provisions of said law are clearly

In Re Report of Fam. Ct. Steering Comm.

794 So. 2d 518 · Supreme Court of Florida · May 3, 2001

It has now been clearly established that mediation can resolve a high percentage of these disputes if they are brought before a competent mediator at an early stage of the proceeding. … Supervised Visitation-Promoting the utilization of qualified programs for supervised visitation and/or monitored exchange.

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Supreme Court of Florida · Jun 29, 2023

Section 733.710(1) is in that sense “a self-executing, absolute immunity to claims filed for the first time . . . more than 2 years after the death of the person whose estate is undergoing probate.” … Because the petitioners’ claims against Morton’s estate, through Fleet, were filed beyond section 733.710(1)’s two-year deadline and do not qualify under either exception, they are barred.

Stuart v. State

360 So. 2d 406 · Supreme Court of Florida · Jun 8, 1978

May, 332 So.2d 146 (Fla.3d DCA), cert. denied, 339 So.2d 1172 (Fla. 1976), which held that the swearing and qualifying of a panel of jurors for the week does not amount to commencement where the case is not called for trial … If silence is not enough to show waiver by acquiescence, but some kind of positive acceptance is required, clearly no waiver is shown where there are repeated announcements of readiness for trial and unhesitating dispute

Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State

Supreme Court of Florida · Jul 17, 2025

We do not think the Secretary has demonstrated that our Court’s existing test for identifying protected benchmark districts under the Non-Diminishment Clause is clearly erroneous, the … Milligan, 599 U.S. 1, 22 (2023) (rejecting the notion that “a State could immunize from challenge a new racially discriminatory redistricting plan simply by claiming that it resembled an old racially discriminatory plan

Florida Bar

387 So. 2d 949 · Supreme Court of Florida · Sep 4, 1980

FPC 733.901(1) clearly implies periodic accountings may be rendered. … The removed guardian, or his heirs, personal representative or surety, shall turn over the items to his duly qualified successor.

Watts v. State

593 So. 2d 198 · Supreme Court of Florida · Jan 2, 1992

In this motion, counsel pointed out that there was evidence of mental retardation and requested that qualified experts be appointed to examine Watts to determine his competency to stand trial. … We conclude that the imposition of the death penalty upon the jury's recommendation was clearly consistent with this Court's prior decisions. E.g., Freeman v.

State v. County of Sarasota

118 Fla. 629 · Supreme Court of Florida · Mar 4, 1935

statutory certification of his own alleged disqualification if he were disqualified on that ground, or by prohibition against such judge to restrain him from all attempted further proceedings in the cases as a supposedly qualified … This is especially true where it clearly appears as it does in this case that whatever the legal effect of the challenged contract may be, it is neither intended to be made a part of, nor contemplated to enter into and become

Simonton v. State ex rel. Turman

44 Fla. 289 · Supreme Court of Florida · Jan 15, 1902

or between terms by a judge of another circuit, but for his disqualification to act, all matters subsequently arising for decision in that particular matter or cause must be submitted to the same judge so long as he is qualified … There is nothing here establishing a term of office to exist between fixed dates of months or years, nor te there anything having the most, remote reference to an unexpired term, or to a vacancy in an office as' distinct