John Koeppel On October 16, the Court issued a ruling in a controversial case involving a notorious former school teacher who was charged with two counts of lewd or lascivious battery under section 800.04(4)(a), Fla. Stat. (2003), for committing sexual Continue Reading …
John Koeppel On October 9th, the Florida Supreme Court clarified whether a trial court may impose a sentence on remand that departs from the Criminal Punishment Code where the trial judge failed to comply with the requirements of section 775.082(10), Continue Reading …
Kristen Larson In Davis v. State (SC13-6), the Florida Supreme Court denied the appellant’s arguments that his conviction and sentence of death should be overturned on the basis that: “(1) the trial court failed to remain neutral during the penalty-phase Continue Reading …
Regina Keenan On October 7, the Florida Supreme Court heard oral argument in Citizens Property Ins., Corp., Etc. v. Perdido Sun Condominium Assoc., Inc., Etc. (SC14-185), a civil action against Citizens for bad faith. The trial court’s dismissal of the Continue Reading …
Michael Maida On October 7, the Florida Supreme Court heard arguments in Plank v. State (SC14-414), on appeal from the First District Court of Appeal, 130 So. 3d 289 (Fla. 1st DCA 2014), which certified conflict with Woods v. State, Continue Reading …
Kristen Larson This week the Florida Supreme Court heard oral argument in Limones v. School District of Lee County. (SC13-932) The central issue in this case is whether a school district’s failure to use an AED (automated external defibrillator) was Continue Reading …
John Koeppel The State of Florida recently petitioned the Florida Supreme Court to clarify what constitutes an antique firearm for purposes of section 790.23, Fla. Stat. (2012), which prohibits possession of a firearm by a felon. Weeks v. State (SC14-1856). Continue Reading …
Jacek Stramski A second challenge to the mandatory litigation stay provision in the state’s sinkhole neutral evaluation program was recently filed at the Florida Supreme Court. Bellas v. Citizens Property Ins. Corp. (SC14-1889). The Supreme Court has yet to rule Continue Reading …
Regina Keenan Currently, Rule 1-7.3, Rules Regulating The Florida Bar, sets Florida Bar membership fees at $265 per year. On June 16, 2014, a Petition was filed with the Florida Supreme Court, Case SC14-1165, to amend Rule 1-7.3 to provide Continue Reading …
John Koeppel In Leftwich v. Department of Corrections (SC12-2669), the Florida Supreme Court held that section 944.277, Florida Statutes (1992), renders an inmate ineligible to receive provisional credits on any sentence after the inmate has received a habitual offender sentence, Continue Reading …
