Case law

McCray v. State

36 Fla. L. Weekly Supp. 383 · Supreme Court of Florida · Jul 7, 2011

The Guilt Phase The evidence presented at trial established the following facts. … The record does not reveal if McCRAY had any contact with the witnesses before the murders occurred nor does it indicate whether McCRAY was ever qualified as an expert to discuss DNA evidence. 10 .

State of Florida v. Thomas D. Woodel

39 Fla. L. Weekly Supp. 383 · Supreme Court of Florida · Jun 5, 2014

Woodel received reasonably competent mental health evaluation and failed to retain reasonably qualified experts to determine the extent of Mr. … Woodel failed to show a meritorious basis for excluding this testimony and clearly did not demonstrate why the admission of this evidence constituted fundamental error. 985 So.2d at 530 .

US Fire Ins. Co. v. JSUB, INC.

979 So. 2d 871 · 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.'").

In Re Kinsey

842 So. 2d 77 · Supreme Court of Florida · Jan 30, 2003

Clearly, this provision mandates that a candidate for the bench must comply with the same standards as sitting judges. … Discipline As noted above, I concur in the portion of the majority decision concluding that Judge Kinsey's statements and conduct constitute pledges and promises of conduct in judicial office not qualified as protected speech

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida · Nov 12, 2020

The establishment or modification of child support is not an issue in this case. … (2) If you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established.

Marvin v. Housing Authority of Jacksonville

133 Fla. 590 · Supreme Court of Florida · Jul 27, 1938

The objective here is clearly shown by the above finding and declaration of the Legislature. Section 12 of the Declaration of Rights of the Constitution of Florida provides: “Sec. 12. … Chapter 17981, supra, creates or establishes a corporation known as The Housing Authority.

Haire v. FLA. DEPT. OF AGR. & CONS. SERV.

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.

Adam Lloyd Shepard v. State of Florida

259 So. 3d 701 · Supreme Court of Florida · Nov 1, 2018

On review, this Court concluded that pavement does not qualify as a weapon for purposes of the reclassification statute. Id. at 360. … It is well established that “where a statute does not specifically define words of common usage, such words are construed in their plain and ordinary sense.” State v.

Amend. to Fl. Family Law Rules of Proc.

723 So. 2d 208 · Supreme Court of Florida · Oct 29, 1998

Clearly, an expedited process can be implemented under which an Article V judicial officer presides over paternity proceedings. … This rule establishes the procedure to be followed for the use of experts.

McWatters v. State

35 Fla. L. Weekly Supp. 169 · Supreme Court of Florida · Mar 18, 2010

The trial court found that McWatters’ statements were limited in a “fashion that strongly indicates his knowledge that he is being monitored or recorded” and that other calls demonstrated that he “clearly knows that he is … As for mitigating circumstances, the trial court found that most of McWatters’ twenty-seven proposed circumstances regarding his background qualified as mitigating.

In Re Amend. to Florida Probate Rules

33 Fla. L. Weekly Supp. 542 · Supreme Court of Florida · Jul 10, 2008

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes.

Floyd v. State

913 So. 2d 564 · Supreme Court of Florida · Oct 12, 2005

We have stated that expert opinion is admissible when it meets the following four requirements: (1) the opinion evidence must help the trier of fact; (2) the witness must be qualified as an expert; (3) the opinion must be … This record establishes to a moral certainty that Richardson killed Newton, and there is no reasonable possibility the verdict would have been different in the absence of this error.").

Robert Craft v. State of Florida

Supreme Court of Florida · Feb 25, 2021

Here, the trial court found that testimony from Craft’s penalty-phase witnesses and the PSI established that he experienced a traumatic childhood. … State [202 So. 3d 40 (Fla. 2016)]—the finding of the existence of an aggravating circumstance—qualifies as an element, including for purposes of our state constitution” and “reced[ing] from Hurst v.

Wright v. State

857 So. 2d 861 · Supreme Court of Florida · Jul 3, 2003

In order to qualify as newly discovered evidence, the evidence "must have been unknown by the trial court, by the party, or by counsel at the time of trial, and it must appear that defendant or his counsel could not have … However, the record clearly indicates no objection was raised by defense counsel to the off-the-record discussions or the disqualification of any juror.

Robert Craft v. State of Florida

Supreme Court of Florida · Nov 19, 2020

Here, the trial court found that testimony from Craft’s penalty-phase witnesses and the PSI established that he experienced a traumatic childhood. … State [202 So. 3d 40 (Fla. 2016)]—the finding of the existence of an aggravating circumstance—qualifies as an element, including for purposes of our state constitution” and “reced[ing] from Hurst v.

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w)

Supreme Court of Florida · Jun 20, 2024

When completing this form, you should make sure that your reasons for requesting that the injunction be extended are stated clearly and that you include all relevant facts. … Sexual Violence, or Stalking (06/24) -37- When completing this form, you should make sure that your reasons for requesting that the injunction be modified are stated clearly

Joel Lebron v. State of Florida

Supreme Court of Florida · Dec 21, 2017

He went on to state that the software has been registered with the federal Food and Drug Administration, and this registration establishes the appropriateness of the NeuroGuide analysis “to be used by qualified medical … Clearly, the second interrogation was anything but “a new and distinct experience” from the first. Seibert, 542 U.S. at 615 (discussing the facts in Elstad, 470 U.S. 298).

Amendments to the Florida Rules of Criminal Procedure

27 Fla. L. Weekly Supp. 1011 · Supreme Court of Florida · Dec 5, 2002

. (4) There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. … The amendment clearly now requires a specific traverse to specific material fact or facts. 1992 Amendment.

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida · Oct 28, 2021

The establishment or modification of child support is not an issue in this case. … The establishment or modification of child support is not an issue in this case.

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida · Oct 28, 2021

The establishment or modification of child support is not an issue in this case. … The establishment or modification of child support is not an issue in this case.