Case law

Rodgers v. State

38 Fla. L. Weekly Supp. 305 · Supreme Court of Florida · May 9, 2013

“This Court has established that defense counsel is entitled to rely on the evaluations conducted by qualified mental health experts, even if, in retrospect, those evaluations may not have been as complete as others may desire … qualified by the court.”

Wickham v. State

593 So. 2d 191 · Supreme Court of Florida · Dec 12, 1991

It therefore met the standard for cold, calculated premeditation established in Rogers v. … If the death penalty is supposed to be reserved for the most heinous of crimes and the most culpable of murderers, Jerry Wickham does not seem to qualify. See State v.

Clark v. State

572 So. 2d 1387 · Supreme Court of Florida · Jan 3, 1991

We answer the question in the negative as qualified in the opinion below. On the same day — August 6, 1986 — Clark was charged in two separate informations with four counts involving the sale and possession of cocaine. … Thus, a defendant must establish that the trial judge or judges clearly and convincingly committed error. Moreover, the burden falls on the defendant to move the court for consolidated sentencing.

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.

In re Florida Rules of Judicial Administration—Court Reporting

20 Fla. L. Weekly Supp. 94 · Supreme Court of Florida · Feb 23, 1995

These amendments essentially require development of a system or plan for the delivery of court reporting services for those proceedings required to be reported at public expense which will clearly establish the status of … The plan shall ensure that all court reporting services are provided by qualified persons.

Milton v. Smathers

389 So. 2d 978 · Supreme Court of Florida · Oct 23, 1980

The plurality decision in Bolden clearly implies that the same standards are applicable. … The record clearly shows that the effect of the gerrymander in this case is to dilute the vote of the blacks.

Sosa v. State

215 So. 2d 736 · Supreme Court of Florida · Nov 5, 1968

The principle is clearly established in this state that the filing of a notice of appeal in a criminal proceeding while a motion for a new trial is pending constitutes an abandonment of the motion for new trial and thereby … in order to obtain immunity from prosecution.

City of Miami Beach v. Forte Towers, Inc.

305 So. 2d 764 · Supreme Court of Florida · Oct 9, 1974

that the ordinance was improperly enacted, (3) to establish that the ordinance was ambiguous, and (4) to establish that the ordinance was discriminatory. … The expert observed that in order to qualify for an "increase" under the ordinance's formula, the owner would have to increase his losses to $183,000!

Glass v. State

574 So. 2d 1099 · Supreme Court of Florida · Feb 7, 1991

Standing by itself, section 921.187(1)(g) clearly does not warrant this conclusion. Moreover, in State v. Jones, 327 So.2d 18, 25 (Fla. 1976), overruled on other grounds, State v. … The only difference in the wording of Section 948.01(4), Florida Statutes, is the addition of the qualifying word "remainder" in the phrase "withhold the imposition of the remainder of sentence."

Brewer v. State

264 So. 2d 833 · Supreme Court of Florida · Jun 21, 1972

Illinois, 405 U.S. 278 , 92 S.Ct. 916 , 31 L.Ed.2d 202 , reaffirmed the guidelines which it had established for the determination of retroactivity and non-retroactivity. … Yet Justice Bran-déis even more boldly characterized the immunity from unjustifiable intrusions upon privacy, which was denied retroactive enforcement in Linkletter [v.

International Business Machines Corp. v. Vaughn

98 So. 2d 747 · Supreme Court of Florida · Nov 27, 1957

Clearly it is devoted to none of these purposes. But the pivotal point is not “use” but “jurisdiction”. … After observing that the state with the consent of the legislature could cede land to the United States making the cession absolute, or qualified, a subject to which we have already referred, the court held that once the

State v. Akins

36 Fla. L. Weekly Supp. 215 · Supreme Court of Florida · May 26, 2011

Moreover, the Second District concluded that the record did not establish that Akins first challenged the amendment in the trial court. Id. … for any felony or other qualified offense that is necessary for the operation of this section; and *264 4.

Yorty v. Stone

259 So. 2d 146 · Supreme Court of Florida · Feb 22, 1972

Such a position clearly impinges upon the personal and political rights of such persons. … The statute could establish such a deadline, but, of course, it must be reasonable. See Beller v. Adams, Fla.1970, 235 So.2d 502 .

Shere v. Moore

830 So. 2d 56 · Supreme Court of Florida · Sep 12, 2002

Medical testimony established that Snyder was shot to death with ten gunshots. … State, 630 So.2d 1080 (Fla. 1994) (codefendant received immunity for *63 her testimony); [9] Cook v.

Amendments to Rules Re Chap. 11 Task Force

964 So. 2d 690 · Supreme Court of Florida · Jul 5, 2007

It has established an impressive track record of success in this area over many years and has the staff and expertise to perform this function. … It further establishes a lower fee than that for admission applications.

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

132 So. 3d 176 · Supreme Court of Florida · Jan 3, 2014

The requests are overly broad and Muhammad did not clearly demonstrate how the records were relevant to a colorable claim. … State, 624 So.2d 282 (Fla. 3d DCA 1993), and adopting procedures established therein).

Gorby v. State

819 So. 2d 664 · Supreme Court of Florida · Apr 11, 2002

Therefore, Gorby can establish no prejudice resulting to him from Jackson's letter. See also Mills v. … The record clearly shows that Gorby's counsel was afforded the resources to mount a credible case, including opportunities to investigate pertinent matters in various parts of the country.

State Ex Rel. Courtney v. Harrison

145 Fla. 727 · Supreme Court of Florida · Jan 28, 1941

August 11, 1939, the relator qualified as his administratrix and published the first notice to creditors. … This review clearly demonstrates that the underlying principle . and controlling factor in each case is simply whether or not the plaintiff has acted with diligence in reviving the action against the personal representative

CHANDRIS, SA v. Yanakakis

668 So. 2d 180 · Supreme Court of Florida · Dec 21, 1995

Here the facts clearly negate unlawful practice.... … to practice in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he is qualified, or recognized by law as qualified, to act as a lawyer in this

City of Jacksonville v. Bowden

67 Fla. 181 · Supreme Court of Florida · Mar 10, 1914

by the affirmative vote of a majority of all the members of the City Council, and approved by the Mayor or passed over his veto, and at a special municipal election approved by the affirmative vote of a majority of the qualified … The ordinance is apparently in substantial accord with the statute and it is not clearly void for uncertainty.