Case law

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

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.

Darious Wilcox v. State of Florida

Supreme Court of Florida · Jul 10, 2014

That clearly refers to Mr. Jean. Not Ms. Curry. (Emphasis supplied.) … Thus, the “cold” element has clearly been established. The “calculated” element is supported where a defendant arms himself in advance, kills execution-style, and has time to coldly and calmly decide to kill.

Marvin Cannon v. State of Florida

40 Fla. L. Weekly Supp. 509 · Supreme Court of Florida · Sep 24, 2015

Morgan was murdered qualifies as especially heinous, atrocious, or cruel. Mr. Morgan sustained at least thirty stab wounds to his head, face, neck, arms, chest, and back. … Neel clearly began the acts of violence. Lastly, the trial court found that Cannon was the dominant actor and sole catalyst of the crimes.

GM v. State

19 So. 3d 973 · Supreme Court of Florida · Oct 8, 2009

The High Court rejected Hodari's contention that he had been seized before the tackle on the basis that the officer's pursuit qualified as a "show of authority": Respondent contends that his position is sustained by the so-called … I disagree that the facts before us in this record clearly and unequivocally support this factual conclusion. For this reason, I would adopt the reasoning of Judge Green's dissent in this case.

Young v. Victory

112 Fla. 66 · Supreme Court of Florida · Sep 22, 1933

Three officers were required to be chosen by the trustees for purposes which are not clearly set out in the instrument. … Young; seventh, the note indorsed by the receiver bore a qualified indorsement as it was endorsed “without recours'e on me or the estate for which I am Receiver”; eighth, the endorsement was actually made about June 29th,

Bowles v. State

979 So. 2d 182 · Supreme Court of Florida · Feb 14, 2008

She was a well-qualified clinical psychologist who concluded that Bowles did not suffer from anything beyond mild impairments. She further concluded that he was impulsive and dangerous. … White stated at the postconviction hearing that he relied on this confession and that Bowles remembered and described the murder clearly.

Estate of Michelle Evette McCall v. United States

39 Fla. L. Weekly Supp. 104 · Supreme Court of Florida · Mar 13, 2014

Indeed, although this Court’s case law requires deference to the Legislature’s factual determinations, see Echarte, 618 So. 2d at 196, this Court’s precedent also clearly establishes that the Legislature’s findings “must … Section 51 is clearly substantive because it sets the standard for establishing a claim for - 91 -  punitive damages.

Aguirre-Jarquin v. State

34 Fla. L. Weekly Supp. 299 · Supreme Court of Florida · Mar 26, 2009

This circumstantial evidence, including Samantha Williams' testimony, clearly supports Aguirre's burglary conviction. See § 810.015(3), Fla. … As I stated in Coday and reiterated in Lebron, the use of special verdict forms would enable this Court "to tell when a jury has unanimously found a death-qualifying aggravating circumstance, which would both facilitate our

State v. Florida Central Railroad

15 Fla. 690 · Supreme Court of Florida · Jun 15, 1876

The terms, “ first mortgage,” qualify the term “ bond,” and the necessary result is that it .means a bond that is to be a first mortgage Avithout such additional formalities of executing a *707 mortgage, if such a thing is … All of this is established -by the following admission and agreement of counsel, which we find in,the record : “ State and Trustees vs.

In Re Code of Judicial Conduct

19 Fla. L. Weekly Supp. 473 · Supreme Court of Florida · Sep 29, 1994

The Code of Judicial Conduct establishes standards for ethical conduct of judges. … In general, however, a judge must discourage ex parte communication and allow it only if all the criteria stated in Section 3B(7) are clearly met.

Henry v. State

937 So. 2d 563 · Supreme Court of Florida · May 25, 2006

The postconviction court held a Huff [1] hearing on June 3, 1999, granting an evidentiary hearing on Henry's claim alleging ineffective assistance of counsel for the failure to have qualified mental health experts assist … He argues that this evidence would have established that he was operating under a cocaine-induced psychosis at the time of his crimes.

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110 · Supreme Court of Florida · Jul 16, 1992

It is based on federal rule 12(h) but more clearly states the purpose of the rule. 1988 Amendment. … specify so much of it as is true and qualify or deny the remainder.

Amendments to Rules Regulating the Florida Bar

27 Fla. L. Weekly Supp. 387 · Supreme Court of Florida · Apr 25, 2002

Any fee in excess of 25% shall be presumed to be clearly excessive. … Letters of solicitation and their envelopes must be clearly marked “advertisement.”

Peoples Gas System, etc. v. Posen Construction, Inc., etc.

Supreme Court of Florida · Jun 10, 2021

, 985 So. 2d 1036, 1048 (Fla. 2008) (“It is a well-settled rule of Florida statutory construction that ‘[s]tatutes in derogation of the common law . . . will not be interpreted to displace the common law further than is clearly … Posen moved to dismiss, claiming that PGS’s damages do not qualify as a “loss” under the statute, and because the Act does not provide a statutory right to indemnification.

Rolling v. State

695 So. 2d 278 · Supreme Court of Florida · Mar 20, 1997

the accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard. … As pointed out *292 above, the Defendant herein has failed to establish that there was any such state action.

Amendments to the Florida Rules of Workers' Compensation Procedure

25 Fla. L. Weekly Supp. 866 · Supreme Court of Florida · Oct 12, 2000

There shall also be attached any depositions or other documentary items on which a party will rely to establish the case. … There shall also be attached any depositions or other documentary items on which a party will rely to establish the case.

Sharon Myers v. State of Florida

42 Fla. L. Weekly Supp. 214 · Supreme Court of Florida · Feb 23, 2017

This factor clearly supports a conclusion that the defendant was in custody. 45 So.3d at 415-16 (emphasis added). … The agents were clearly searching for a confession, rather than merely gathering information.

Spann v. State

91 So. 3d 812 · Supreme Court of Florida · May 24, 2012

While this Court has recognized that the recantation of a witness may under some circumstances qualify as newly discovered evidence, see Wyatt v. … Thomas Bakke-dahl testified that Spann initially denied writing the letter, and admitted to doing so only after handwriting experts were retained. 7 That Spann previously sought to convince Philmore to alter his testimony clearly

Planned Parenthood of Southwest and Central Florida v. State of Florida & Planned Parenthood of Southwest & Central Florida v. State of Florida

Supreme Court of Florida · Apr 1, 2024

Accordingly, for the reasons given above, we find T.W. to be clearly erroneous. Based on our established test for assessing stare-decisis issues, we now ask whether there is a valid reason not to recede from T.W. … Even the dissenting opinion in Laird observed: “A constitutional right to privacy has been clearly established by the United States Supreme Court in . . . Roe . . . .”