Case law

Blackwell v. State

76 Fla. 124 · Supreme Court of Florida · Jul 27, 1918

This testimony was clearly irrelevant, but was not objected to by counsel for the defendants when offered'. We make no criticism of counsel for his failure to object to this testimony as irrelevant. … This witness and her daughter, Fannie, testified at the Coroner’s inquest and established a complete alibi for Will Blackwell.

Johnston v. State

841 So. 2d 349 · Supreme Court of Florida · Dec 5, 2002

Stat. (1999) ("No person who is under prosecution for any crime ... shall be qualified to serve as a juror."). … Clearly that allegation, without more, amounts to an insufficient basis for a jury interview. The case of Walgreens, Inc. v.

Wright v. State

34 Fla. L. Weekly Supp. 497 · Supreme Court of Florida · Sep 3, 2009

These actions establish the cold nature of the murders. … Finally, there is no evidence establishing a pretense of moral or legal justification for these murders.

Florida Bar

343 So. 2d 1247 · Supreme Court of Florida · Feb 10, 1977

The amendment clearly now requires a specific traverse to specific material fact or facts. RULE 3.191. SPEEDY TRIAL ****** (d)(2) When Time May Be Extended. … whom he expects to prove such insanity. (3) Upon the filing of said statement of particulars by the defendant, upon motion of the prosecution, the Court may cause the defendant to be examined, by one or more disinterested, qualified

Rodney Tyrone Lowe v. State of Florida

259 So. 3d 23 · Supreme Court of Florida · Oct 19, 2018

Lowe fails to establish error. … In other words, the Legislature clearly uses the terms interchangeably. The trial court did not err in finding that Lowe qualified for the aggravator.

State ex rel. Buford v. Watkins

88 Fla. 392 · Supreme Court of Florida · Apr 28, 1923

In the latter case it was said that the point in pleading was well established in this State that allegations of fact not susceptible of proof are not admitted by a demurrer to a pleading in which such allegations appear. … The classification of the proviso to Section 1 of Chapter 8497 of “counties of One Hundred Thousand (100,000) population or over,” clearly relates to the population as shown by an official census.

Diaz v. State

945 So. 2d 1136 · Supreme Court of Florida · Dec 8, 2006

We cited four reasons for our conclusion: First, the statute clearly defines the punishment to be imposed (i.e., death). … The sentencing order clearly shows that Gajus' testimony, and whether Diaz was actually the shooter, did not effect the final result.

Wade v. State

35 Fla. L. Weekly Supp. 239 · Supreme Court of Florida · May 6, 2010

With respect to the substantial domination mitigator, the court stated that the factor was “not clearly established” and entitled to little weight because “Wade alone was responsible” for bringing Nixon into the criminal … Butler could qualify to serve based on her views regarding the death penalty and noted that she “waffled on two or three things.”

Florida Power & Light Co. v. Robinson

68 So. 2d 406 · Supreme Court of Florida · Nov 17, 1953

the defendant was obligated to furnish deceased a safe place to work", on the ground that defendant was not an insurer so as to require it absolutely to furnish a safe place for work, the opinion in the Vanlandingham case clearly … In the light of this established rule the inquiries in the present case should be: Did the Power Company have actual or constructive knowledge of the defect which caused the injury?

United States Fire Insurance v. J.S.U.B., Inc.

32 Fla. L. Weekly Supp. 811 · Supreme Court of Florida · Dec 20, 2007

In doing so, we apply well-established principles of insurance contract interpretation, reading the policy both in accord with its plain language, construing any ambiguities in favor of the insured, see Taurus Holdings, 913 … Girl, 673 N.W.2d at 74-75 (“The sinking, buckling, and cracking of the [warehouse] as a result of soil settlement qualifies as ‘physical injury to tangible property.’ ”).

Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.

27 Fla. 1 · Supreme Court of Florida · Jan 15, 1891

be established by the jury. … Clearly it would Lave proven nothing more than the bare fact that he did so7iear\ but this certainly could not be claimed as an establishment of the truth of whatever it was that he did hear.

State ex rel. Meek v. Gleason

12 Fla. 210 · Supreme Court of Florida · Jul 1, 1868

We cannot see that these prernises establish the conclusion that the court has the discretion, claimed to dismiss. … The respondent seeks to establish the title of Mr.

Brennan v. State

754 So. 2d 1 · Supreme Court of Florida · Jul 8, 1999

Whether a witness is qualified to express an expert opinion is a matter within the discretion of the trial judge, and this ruling will not be reversed absent a clear showing of error. See Ramirez v. … Supreme Court considered the issue of whether the execution of a teenage child was constitutional, it concluded that there was clearly an age below which the U.S.

In Re: Amendments to Rules Regulating The Florida Bar (Biennial Petition Housekeeping) – Corrected Opinion

Supreme Court of Florida · Jun 25, 2015

The definition of the practice of law is established by law and varies from one jurisdiction to another. … RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a) – (b) [No

MDS (Canada) Inc. v. Rad Source Technologies, Inc., etc.

39 Fla. L. Weekly Supp. 489 · Supreme Court of Florida · Jul 10, 2014

from those in this case, including a Nebraska policy to construe a covenant in a lease against assignment or subletting liberally in favor of the lessee, whether a right of reentry is a reversionary interest sufficient to qualify … According to the Arkansas Supreme Court, “[t]he doctrine established in England is quite simple: If the instrument purports to transfer the lessee’s estate for the entire remainder of the term it is an assignment, regardless

Stephens v. State

787 So. 2d 747 · Supreme Court of Florida · Mar 15, 2001

In Woods , we reaffirmed the general rule established in Lynch v. … Accordingly, Stephens has failed to demonstrate the trial court clearly abused its discretion in denying the proposed special instructions. See Sans, 731 F.2d at 1530; Parker, 641 So.2d at 376 .

In Re AMENDMENTS TO RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION HOUSEKEEPING)

40 Fla. L. Weekly Supp. 283 · Supreme Court of Florida · May 21, 2015

The definition of the practice of law is established by law and varies from one jurisdiction to another. … RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a) – (b) [No

In re The Florida Bar

262 So. 2d 857 · Supreme Court of Florida · May 31, 1972

(f) Court of this state: a state court authorized and established by the Constitution or laws of the State of Florida.. (g) Executive Committee: The Executive Committee of the Board of Governors of The Florida Bar. … The terms of the members shall begin on the first day of July and shall end on the next succeeding 30th day of June or until such time as their successors are appointed and qualified.

Timothy Lee Hurst v. State of Florida

39 Fla. L. Weekly Supp. 293 · Supreme Court of Florida · May 1, 2014

The court stated, “The statement, given shortly after the crime, reveals an individual clearly recounting a morning’s events, giving directions, recalling telephone numbers, and deliberately omitting certain information … Some states have established procedures under which a jury does determine if a capital defendant is mentally retarded. See, e.g., Commonwealth v.

Jermaine Lebron v. State of Florida

39 Fla. L. Weekly Supp. 62 · Supreme Court of Florida · Jan 30, 2014

Failure to Properly Conduct Jury Selection Lebron next alleges that counsel Slovis was not qualified to conduct jury selection in a death penalty case, and contends that Slovis performed deficiently in three ways … Thus, despite Lebron’s current position that he was habitually abusing drugs and alcohol at the time of the crime, we conclude that counsel’s investigation into Lebron’s drug and alcohol use was reasonable and clearly within