Case law

Cummings-El v. State

863 So. 2d 246 · Supreme Court of Florida · Oct 9, 2003

Cummings-El has therefore failed to establish fundamental error with regard to these claims. … establishes that these six claims are without merit.

Ross v. State

45 So. 3d 403 · Supreme Court of Florida · Sep 8, 2010

This factor clearly supports a conclusion that the defendant was in custody. The third factor to consider is the extent to which Ross was confronted with evidence of his guilt. … Ramirez was never told that he was free to leave, and the officers clearly indicated that they considered him a suspect and knew he was involved in the crime. See id. at 574 .

Henry v. State

613 So. 2d 383 · Supreme Court of Florida · Dec 24, 1992

The sufficiency and propriety of the predicate for a dying declaration is a mixed question of law and fact, and a trial court's determination of the issue will not be disturbed unless clearly erroneous. Teffeteller v. … Contrary to Henry’s argument, we also find the aggravating factors to have been established beyond a reasonable doubt.

Heath v. State

34 Fla. L. Weekly Supp. 95 · Supreme Court of Florida · Jan 29, 2009

Thus, trial counsel clearly presented Heath’s drug and alcohol use to the jury. … We conclude that Heath has failed to establish that his counsel was ineffective on these bases.

Derrick Tyrone Smith v. State of Florida

235 So. 3d 265 · Supreme Court of Florida · Oct 5, 2017

To establish prejudice, the defendant must demonstrate that the suppressed evidence is material. … Here, the postconviction court concluded that the letters from the FBI qualified as newly discovered under the first prong of the Jones test, but they did not met the second prong of the Jones test.

The Florida Bar v. Zana Holley Dupee

40 Fla. L. Weekly Supp. 171 · Supreme Court of Florida · Mar 26, 2015

Respondent testified that she told the wife that she, Respondent, was not qualified to advise her on setting up a charitable trust and she would need to consult other counsel to provide her that service. … The referee found Respondent never did this and that the failure to do so clearly shows intentional misconduct.

Lawrence v. State

969 So. 2d 294 · Supreme Court of Florida · Nov 1, 2007

Wood qualified his opinion and stated he did not examine the Defendant for competency and that his opinion is generic. As such, the Court is of the opinion that Dr. … Clearly, this statement contradicts his other assertions that counsel had made a definitive promise about receiving a life sentence if he pled guilty and contradicts his assertions that he did not understand the impact of

Allen v. Hawley

6 Fla. 142 · Supreme Court of Florida · Jan 15, 1855

This doctrine has been fully recognized and authoritatively established by this Court, at its present term, in the opinion delivered in the case of Carter vs. … The converse of that proposition, when applied to partnerships, is abundantly established by the authorities.

Gale v. Harby

20 Fla. 171 · Supreme Court of Florida · Jun 15, 1883

The executors named in the will were the four sons of Andrew Hampton, of whom Benjamin W., John M. and Andrew Y., qualified and undertook the trust. … Perry on Trusts, in treating of this subject, asks the question, “ whether trust money can be followed into land by parol evidence,” and he answers the question by stating that “ it is clearly established it may on the ground

Curd v. Mosaic Fertilizer, LLC

35 Fla. L. Weekly Supp. 341 · Supreme Court of Florida · Jun 17, 2010

The court was unconvinced that a special theory should be established under the common law for a narrow subset of the people who are indirectly or remotely injured by pollution. See id. at 1085-86 . … Curd claims that the licensed commercial fishermen have a pro-tectable economic expectation in the marine life that qualifies as a property right.

Overton v. State

801 So. 2d 877 · Supreme Court of Florida · Sep 13, 2001

establish reversible error. … Because the evidence in this case clearly establishes that Michael was strangled to death, the question which remains is whether he was conscious at the time of the strangulation.

In re Amendments to the Rules Regulating Florida Bar-Subchapter 4-7

108 So. 3d 609 · Supreme Court of Florida · Jan 31, 2013

Any information required by these rules to appear in an advertisement must be reasonably prominent and clearly legible if written, or intelligible if spoken. … Clients as consumers are well-qualified to opine on matters such as courtesy, promptness, efficiency, and professional demeanor.

Newton v. State

21 Fla. 53 · Supreme Court of Florida · Jun 15, 1884

The first part of the answer was clearly admissible. … Foster: Then I object to it as clearly inadmissible. By the court: I will admit it. To which ruling counsel for defence excepted.

Gore v. State

964 So. 2d 1257 · Supreme Court of Florida · Jul 5, 2007

Third, the Elliot murder was clearly committed while Gore was engaged in the crimes of kidnapping and sexual battery, because Gore was convicted of kidnapping Elliot and the testimony at resentencing established that Gore … Gore has not established that the performance of his counsel was deficient.

Perez v. State

919 So. 2d 347 · Supreme Court of Florida · Jan 5, 2006

Elam is clearly distinguishable from the instant case. Here the evidence established that Martin was stabbed no fewer than ninety-four times and also suffered defensive wounds and blunt force trauma to the head. … Although the record clearly demonstrates that the manner in which Susan Martin was murdered may qualify as HAC under our previous case law, we conclude that the evidence does not support the application of that aggravating

In Re Inquiry Concerning a Judge, Etc.

357 So. 2d 172 · Supreme Court of Florida · Mar 16, 1978

At the time of the alleged offenses and throughout the Commission proceedings, he was a duly-elected and fully-qualified county judge. … In that case and in In re Dekle, 308 So.2d 5 (Fla. 1975), the rule cited by respondent was established and was the controlling rule when Judge Taunton failed to comply with the Code.

Davis v. State

121 So. 3d 462 · Supreme Court of Florida · Jul 8, 2013

We find that the statement at issue qualifies as an excited utterance. … Davis’s words and actions clearly indicated he was enraged and intent on killing Proby. We have no doubt this was not lost on her before she died.

State ex rel. Fleming v. Crawford

28 Fla. 441 · Supreme Court of Florida · Jun 15, 1891

from the city, and his nomination had been confirmed by the City Council, to succeed one Cloke whose term of four years had expired, but who under the law was authorized to hold until his successor should be appointed and qualify … established by the eases Marbury vs.

Hall v. State

37 Fla. L. Weekly Supp. 537 · Supreme Court of Florida · Aug 30, 2012

Once it is established that there were coercive influences attendant upon an initial confession, the coercion is presumed to continue “unless clearly shown to have been removed prior to a subsequent confession.” … Hall qualified for both the pri- or violent felony and the under-sentence-of-imprisonment aggravators.

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834 · Supreme Court of Florida · Oct 12, 2000

; (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 or deny the appointment … The only way to prevent this is to establish an enforceable rule on standards for font use.