Case law

Carroll v. State

815 So. 2d 601 · Supreme Court of Florida · Mar 7, 2002

Benson testified that Carroll was most likely actively psychotic at the time of the alleged crime and therefore did not know what he was doing or its consequences. [11] Hence, the record clearly refutes Carroll's allegation … Further, the prior violent felony jury instruction given in this case was in accordance with the standard jury instruction and Carroll has two qualifying felony convictions.

San Martin v. State

995 So. 2d 247 · Supreme Court of Florida · Aug 28, 2008

This defendant's premeditating and calculating nature was most clearly set out in the present case. This was the most thoroughly planned of the defendant's crimes. The victims were stalked. Their routines were studied. … State, 699 So.2d 1312, 1329 (Fla.1997). [2] These claims were: (1) the jury was death-qualified and San Martin was denied individual sequestered voir dire of the prospective jurors; (2) the trial court denied San Martin's

The Florida Bar v. Bailey

26 Fla. L. Weekly Supp. 787 · Supreme Court of Florida · Nov 21, 2001

Clearly there were judicial restraints in place when the money was disbursed." … stated, discipline must serve three purposes: First, the judgment must be fair to society, both in terms of protecting the public from unethical conduct and at the same time not denying the public the *695 services of a qualified

Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company

Supreme Court of Florida · Dec 14, 2017

Therefore, to qualify as a “suit” within this initial portion of the definition, the chapter 558 process must constitute a “civil proceeding.” In Raymond James Financial Services, Inc. v. … We do not address the policy’s definition of “suit” under subparagraph (a) because the chapter 558 process is clearly not an “arbitration proceeding.

Simmons v. State

105 So. 3d 475 · Supreme Court of Florida · Oct 18, 2012

As noted above, at the evidentiary hearing, Simmons presented substantial evidence concerning both his mental condition and his personal and family background that was clearly mitigating. … evidence; the trial court erred in excluding Simmons' expert on eyewitness identification; the entomologist who testified concerning the approximate time of death based on the fly larvae found on Tressler’s body was not qualified

In Re Amendment to Code of Judicial Conduct

918 So. 2d 949 · Supreme Court of Florida · Jan 5, 2006

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. … Each candidate for a judicial office, including an incumbent judge, shall file a statement with the qualifying officer within 10 days after filing the appointment of campaign treasurer and designation of campaign depository

Florida Bar re Amendments to Rules Regulating the Florida Bar

22 Fla. L. Weekly Supp. 453 · Supreme Court of Florida · Jul 17, 1997

The required number of hours shall be established by the board of legal specialization and education and shall in no event be less than 60 hours. … The elder law certification committee shall establish policies applicable to this subdivision, including, but not limited to, the method of establishment of the number of hours allocable to any of the preceding requirements

William James Deparvine v. State of Florida – Revised Opinion

Supreme Court of Florida · Aug 28, 2014

With respect to sub-issue D, this Court held on direct appeal that the State clearly advanced and argued the theory that the Cheyenne was the object of the carjacking charge. … Even under the broadest interpretation of a carjacking statute, this does not qualify.” Appellant’s Reply Br., p. 24-25 (citing Alvarez v.

Billy Jim Sheppard, Jr. v. State of Florida

39 Fla. L. Weekly Supp. 551 · Supreme Court of Florida · Sep 4, 2014

Thus, her fleeing the scene because of fear was not directed specifically and personally at Sheppard, but simply at the person she saw shoot a young man for no apparent reason — a man who clearly saw her face and knew she … After considering the heavily weighted aggravator involving an almost contemporaneous murder and an earlier violent felony, and after considering the mitigation set forth above, we conclude that this case qualifies as an

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida · Jul 7, 2016

1968 as a non-judicial statutory scheme of no fault benefits intended to provide full medical care and wage-loss payments does not mean that changes to the workers’ compensation law to reduce or eliminate benefits are immune … Therefore, although this Court has rejected constitutional challenges to the workers’ compensation law in the past, our precedent clearly establishes that, when confronted with a constitutional challenge based on access

Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms

871 So. 2d 113 · Supreme Court of Florida · Mar 25, 2004

A substance abuse evaluation at: _ or a similarly qualified facility and any substance abuse treatment recommended by that evaluation. _ iii. … A substance abuse evaluation at: - _or a similarly qualified facility and any substance abuse treatment recommended by that evaluation. _ iii.

Baker v. State

36 Fla. L. Weekly Supp. 395 · Supreme Court of Florida · Jul 7, 2011

When asked whether he believed Baker qualified for any statutory mitigating circumstances, Dr. … The evidence establishes that after making several attempts to steal money from Elizabeth Uptagrafft’s bank account, Baker drove her to a remote location.

In re Amendments to the Florida Probate Rules

30 Fla. L. Weekly Supp. 666 · Supreme Court of Florida · Sep 29, 2005

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … Therefore, the account should show, or make reference to, current values at the start of the period for all assets whose carrying values were established in a prior accounting period.

White v. State

59 Fla. 53 · Supreme Court of Florida · Jan 15, 1910

are qualified for jury duty, such population being largely rural in its nature. … Some of such testimony was clearly immaterial and not pertinent to the case.

Arthur James Martin v. State of Florida & Arthur James Martin v. Mark S. Inch, etc.

Supreme Court of Florida · Jan 16, 2020

Because Strickland requires a defendant to establish both prongs, if one prong is not met, “the court is not required to analyze whether the defendant has established the other prong.” Frances v. … In denying this claim, the postconviction court credited Shea’s testimony: “Shea clearly investigated Jones, and Shea’s decision not to call Jones as a witness was reasonable.

In Re Amendments to Florida Rules

609 So. 2d 516 · Supreme Court of Florida · Oct 22, 1992

Sectionubdivisions (b) and (c) establish the procedure for commencing an appeal proceeding. … In every case the duty of counsel is discharged without filing a motion for rehearing en banc unless one of the grounds set forth in (1) is clearly met.

In Re Amendments to Rules of Civ. Procedure

32 Fla. L. Weekly Supp. 606 · Supreme Court of Florida · Sep 27, 2007

It is based on federal rule 12(h) but more clearly states the purpose of the rule. 1988 Amendment. … (B) In cases where the condition in controversy is not physical, a party may move for an examination by a qualified expert as in subdivision (a)(1).

Weaver v. State

894 So. 2d 178 · Supreme Court of Florida · Dec 16, 2004

discretionary decision regarding the weight of mitigation evidence regardless of the jury's recommendation and noting that "[w]hile some persons may disagree with the weight [of the mitigation evidence presented] . . . clearly … State, 632 So.2d 1361, 1366 (Fla.1994) (holding that contemporaneous crimes may qualify as prior violent felonies). [22] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Nelson v. State

850 So. 2d 514 · Supreme Court of Florida · Jul 10, 2003

In the case at bar, the State properly established that Nelson's motive for killing Brace was to eliminate her as the sole witness to burglary and sexual battery, i.e., Nelson admitted that he killed her so that she could … Certain kinds of opinion testimony clearly are admissible—and especially qualified expert opinion testimony—but they are not necessarily binding even if uncontroverted.

Amendments to Approved Family Law Forms

20 So. 3d 173 · Supreme Court of Florida · Mar 26, 2009

PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY, AND TIME-SHARING 1. … A Parenting Plan will be established by the court. Temporary Relief...