Case law

Marlin L. Joseph v. State of Florida

Supreme Court of Florida · Feb 10, 2022

Cordarius’ and Parice’s out-of-court identifications qualify as an exception to hearsay under section 90.801(2)(c). … This series of events clearly establishes that Kaladaa Crowell was alive after being shot multiple times, as she was heard begging for help and for someone to call 911.

Maharaj v. State

778 So. 2d 944 · Supreme Court of Florida · Nov 30, 2000

Evidence in the record established that Maharaj owned a Smith & Wesson nine-millimeter pistol, having a serial number of A235464. … These articles, whether true or false, clearly demonstrate animus between the defendant and the decedents.

Tavares David Calloway v. State of Florida

42 Fla. L. Weekly Supp. 45 · Supreme Court of Florida · Jan 26, 2017

In the interests of fairness and “the truth-seeking function of a trial,” the opposing party may in turn present inadmissible evidence that qualifies, explains, or limits previously admitted evidence. Id. … Hyma clearly explained to the jury that his independent opinion was derived from the photographs taken by investigators at the scene and from Dr. Siebert’s autopsy reports.

Engle v. Liggett Group, Inc.

945 So. 2d 1246 · Supreme Court of Florida · Dec 21, 2006

The amount awarded is also clearly excessive because it would bankrupt some of the defendants. … However, "diagnosis" as a qualifying factor does not appear anywhere in the description of the class certified.

Taylor v. State

937 So. 2d 590 · Supreme Court of Florida · Jun 29, 2006

At trial, Renata Sikes established that on Friday, May 25, 2001, she, along with her daughter Sandra Kushmer and her son William Maddox, went to visit her husband in the hospital. … The cases advanced by Taylor to assert that the death penalty is disproportionate are clearly distinguishable. In Voorhees v. State, 699 So.2d 602 (Fla.1997), and Sager v.

Citizens of the State of Florida, Etc. v. Florida Public Service Commission

Supreme Court of Florida · Jun 4, 2026

While these requirements clearly contemplate the correction of a reserve imbalance, the text of the Depreciation Rule does not prescribe any one way to achieve a correction. … This language can hardly qualify as “officially stated agency policy” when the very same agency has taken this and a variety of other approaches to resolving the singular issue of correcting imbalances.

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida · May 23, 2019

3d 1025, 1027-28 (Fla. 2009) (adopting the Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, relying solely on our -9- cases, this Court clearly … we have to do is establish any rule we want, at any time, without input or adversarial testing?

Hojan v. State

34 Fla. L. Weekly Supp. 256 · Supreme Court of Florida · Feb 27, 2009

This Court has stated "that to qualify as an excited utterance, [a] statement must be made: (1) `regarding an event startling enough to cause nervous excitement'; (2) `before there was time to contrive or misrepresent'; and … We also deny this claim because Hojan has not established what evidence his mother could have provided if she had testified.

Gill v. State

34 Fla. L. Weekly Supp. 414 · Supreme Court of Florida · Jul 9, 2009

The record clearly established that Gill is mentally ill and the State does not contest this fact. … rule had not yet been amended to require the trial court to advise the defendant that a plea may subject a defendant to involuntary civil commitment as a sexually violent predator if the defendant has been convicted of a qualifying

Moossun v. Orlando Regional Health Care

27 Fla. L. Weekly Supp. 596 · Supreme Court of Florida · Jun 20, 2002

The court further concluded that the case management order entered by the court was insufficient to establish record activity. … Simple logic dictates that a trial court-ordered status conference must qualify as record activity that results in "hasten[ing] the suit to judgment."

Patrick v. State

104 So. 3d 1046 · Supreme Court of Florida · Dec 6, 2012

Thus, the question for this Court is whether the evidence was sufficient to establish either felony-murder or premeditation. We find that the evidence is sufficient to establish either theory of first-degree murder. … State, 776 So.2d 906, 922 (Fla.2000) (“Simply put, [a] defendant can be convicted of both felony murder and the qualifying felony because the felony murder statute says so.”) (quoting Green v.

In re Amendments to the Florida Rules of Juvenile Procedure

17 Fla. L. Weekly Supp. 709 · Supreme Court of Florida · Nov 5, 1992

Section 92.53 clearly sets out the circumstances under which the videotaping of the victim or witness’s testimony may be accomplished. … (A) Every motion to suppress shall clearly state the particular evidence sought to be suppressed, the reason for the suppression;, and a general statement of the facts on which the motion is based.

Haire v. Florida Department of Agriculture & Consumer Services

870 So. 2d 774 · Supreme Court of Florida · Feb 12, 2004

However, as Justice Holmes recognized, the “seemingly absolute protection” of required compensation is “qualified” by another inherent power of the state, the police power. Pennsylvania Coal Co. v. … In accord with our precedent, we conclude that the schedule established by the Legislature sets a floor but does not determine the amount of compensation.

Bryan v. State

41 Fla. 643 · Supreme Court of Florida · Jun 15, 1899

It appears to us that the question whether this court has the authority to eliminate matter conceded or clearly shown to have been improperly added to the record after it was made up, is not involved in the grounds of the … The law establishes a different rule for determining- the qualification of judges from that applied to jurors. The reason of this distinction is obvious.

Amendments to the Florida Rules of Workers' Compensation Procedure

27 Fla. L. Weekly Supp. 795 · Supreme Court of Florida · Sep 19, 2002

(sk) “Informal dispute resolution” means the procedure established by section 440.191, Florida Statutes. … If a mediator is disqualified, the deputy chief judge shall immediately enter an order naming a qualified substitute mediator.

Gordon v. Clarke

10 Fla. 179 · Supreme Court of Florida · Mar 15, 1860

. *181 However that may be, it clearly appears that the mortgage lien of Simonton as eestui que trust was an impediment to the giving of title of said lands to the Government, and that it became necessary for John Barcroft … In the covenant under consideration, it is expresfed “in a short and reasonable timef the parties seem to have qualified it by making it “ short.” The facts and circumstances of the case are expressed in the covenant.

Simmons v. State

944 So. 2d 317 · Supreme Court of Florida · Nov 16, 2006

ACLU, 521 U.S. 844, 870 , 117 S.Ct. 2329 , 138 L.Ed.2d 874 (1997) (stating that "our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium"). … provides: Where the statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

Hannon v. State

941 So. 2d 1109 · Supreme Court of Florida · Aug 31, 2006

State, *1131 742 So.2d 215, 223-24 (Fla.1999) (determining that counsel was not ineffective for failing to request a neuro-psychological or neurological exam by a qualified expert even though trial counsel had obtained evidence … The United States Supreme Court's analysis and conclusion in Wiggins clearly apply here and mandate the same outcome. A.

May v. May

7 Fla. 207 · Supreme Court of Florida · Jan 15, 1857

Relief will be granted in cases of written instruments only where there is a plain mistahe clearly made out by satis factory proofs. … There is no proof supporting or creating the idea of mistake, much less establishing the extent of it.

& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc.

200 So. 3d 685 · Supreme Court of Florida · Dec 17, 2015

Thus, defense counsel clearly considered and rejected alternative courses of action. … Section 40.013(1), Florida Statutes (2001), provides that any person who has been convicted of a felony and whose civil rights have not been restored shall not be qualified to serve as a juror.