Case law

Buenoano v. State

708 So. 2d 941 · Supreme Court of Florida · Mar 26, 1998

If Martz continues to work as an examiner we suggest that he be supervised by a scientist qualified to review his work substantively and that he be counseled on the importance of testifying directly, clearly and objectively … Here, we are presented with Buenoano's third motion for postconviction relief, clearly filed outside the time limitation of rule 3.850(b).

State v. McMahon

37 Fla. L. Weekly Supp. 259 · Supreme Court of Florida · Apr 5, 2012

even if a hearing had been held and McMahon was proven to qualify, the sentence in this case is not “illegal.” … State, 64 So.3d 90 , 91 n. 1 (Fla.2011), courts throughout the state continue to use the phrase "sentencing guidelines” when clearly referring to sentencing under the current CPC. .

Representative Geraldine F. Thompson, etc. v. Governor Ron DeSantis

Supreme Court of Florida · Aug 27, 2020

There we held: “When we are convinced that a precedent clearly conflicts with the law we are sworn to uphold, precedent normally must yield.” Id. at S48. … We will not lightly conclude that precedents of this Court are clearly erroneous.

Chenoweth v. Kemp

396 So. 2d 1122 · Supreme Court of Florida · Apr 2, 1981

(c) The purpose of this subsection is to establish a relative standard of care for various categories and classifications of health care providers. … have been competent to testify on certain acts performed by the appellees, such as the hysterectomy performed by Kemp or the anesthetizing performed by Szmukler, it is not at all clear that the two neurosurgeons were not qualified

Kimbrough v. State

886 So. 2d 965 · Supreme Court of Florida · Jun 24, 2004

Age of the defendant at the time of the crime clearly, clearly, multiple severe impairments in that area, these are the statutory ones. … As the postconviction court stated, "The underlying substance of this claim is clearly Mr.

Carpenter v. State

785 So. 2d 1182 · Supreme Court of Florida · Mar 1, 2001

In doing so, the court determined that the three aggravating circumstances established by the State [5] outweighed the one statutory mitigating circumstance [6] and two nonstatutory mitigating circumstances established by … a specific instruction and the trial court "clearly understood the request and just as clearly denied the request"); Flint v.

Moore v. State

38 Fla. L. Weekly Supp. 869 · Supreme Court of Florida · Nov 27, 2013

In order to establish a Giglio violation, the defendant must first establish that the testimony given was false. Guzman, 868 So.2d at 505 . … Nothing within Shorter’s alleged statement to Wilhelmenia Moore clearly indicated that his trial testimony was untruthful.

Kimbrough v. State

700 So. 2d 634 · Supreme Court of Florida · Aug 21, 1997

This is a thorough analysis supporting the factor, and clearly satisfies the standard Kimbrough himself quotes from Buenoano v. … The battery and the murder were clearly part of the same criminal episode. See Roberts v.

Walls v. State

641 So. 2d 381 · Supreme Court of Florida · Jul 7, 1994

Again, the facts clearly show this element to be present. … Certain kinds of opinion testimony clearly are admissible — and especially qualified expert opinion testimony — but they are not necessarily binding even if uncontroverted.

Pardo v. State

596 So. 2d 665 · Supreme Court of Florida · Mar 26, 1992

On the merits, we find that a child victim's hearsay statement which qualifies for the statutory exception in section 90.803(23) may be admissible in evidence when the child is able to testify fully at trial notwithstanding … Section 90.803(23) clearly envisions the admission of a child victim's hearsay statement despite its characterization as a prior consistent statement.

Gray v. Central Florida Lumber Co.

104 Fla. 446 · Supreme Court of Florida · Mar 15, 1932

There is provision in the rule to rebut or qualify this presumption but that is immaterial as the rule would be upheld without the qualifying provision and the value of which may be fixed by the Secretary of State bears no … But we are not concerned with the provision to rebut or qualify the statutory presumption in this case.

State v. Barber

301 So. 2d 7 · Supreme Court of Florida · Jun 12, 1974

As can readily be seen from the First District's opinion, its decision clearly conflicts with that of the Second District Court of Appeal in Chester v. … Wright, supra , as the DCA clearly recognized. Upon these conflicts rests our jurisdiction. The construction placed upon F.A.R. 6.16 by the district court was erroneous.

Amazon v. State

11 Fla. L. Weekly 105 · Supreme Court of Florida · Mar 13, 1986

The testimony was probative evidence requiring specialized knowledge, and it was not error to admit the testimony over the argument that the lack of conclusiveness meant the jury was just as qualified as the expert to draw … Further, the evidence clearly shows that he took the knife and rope into the Chapin residence with him.

R.R. v. New Life Community Church of CMA, Inc.

Supreme Court of Florida · Oct 1, 2020

And, to be clear, petitioners do not argue that their claims qualify for tolling under section 95.051(1)(i). … The nonexistence of a parent or qualified representative is obviously distinguishable from the case of delayed accrual where a minor and an existing parent or qualified representative lack knowledge of the minor’s potential

The Florida Bar v. Miguel Fernando Mirabal

Supreme Court of Florida · Jul 11, 2024

It further found that Mirabal made false allegations in his complaint and that he relied on a false document that he clearly prepared himself. … Ultimately, the party challenging a referee’s findings in aggravation or mitigation “must establish there is a lack of evidence in the record to support such findings or that the record clearly contradicts the referee’

Parker v. State

10 Fla. L. Weekly 415 · Supreme Court of Florida · Aug 22, 1985

establishes a motive to falsify which existed at the time the consistent statement was made. … These facts clearly establish that the murder was committed in a heinous, atrocious, and cruel manner.

State v. Johnson

982 So. 2d 672 · Supreme Court of Florida · May 1, 2008

The court reasoned the report was "clearly prepared for litigation" and "introduced by the state at trial for the purpose of proving beyond a reasonable doubt that the substance was cocaine." Id. … The district court properly held that the report, while admittedly a business record, was clearly prepared in anticipation of trial and meant to establish an element of the crime.

The Florida Bar v. Schramek

616 So. 2d 979 · Supreme Court of Florida · Apr 15, 1993

Moreover, the record clearly establishes that the incorrect legal advice provided by Schramek resulted in significant public harm. As noted previously, in V.G.' … The Supreme Court's authorization for me to practice law established my right to represent a corporation before the Supreme *986 Court of Florida.

Kathleen Citrus Land Co. v. City of Lakeland

124 Fla. 659 · Supreme Court of Florida · Jun 13, 1936

It follows, therefore, from the nature and quality of the sovereign power of taxation that it should be exercised carefully, wisely and clearly within the limitation of the power which may be vested in a governmental agency … complex finance scheming supported by subtleties and refinements of reasoning to show that no debt or liability is imposed upon the city by such methods of borrowing. *679 The Court was careful, however, in the Miami case to clearly

In Re Kelly

238 So. 2d 565 · Supreme Court of Florida · Jun 17, 1970

The Commission should realize also no cloak of immunity can shroud the judiciary from interventions of the press. This is not the first case in American jurisprudence involving public criticism of the judiciary. … Testimony by witnesses to his courtroom conduct establishes Judge Kelly as a competent and temperate judge.