August 18, 2008 | 2005 | WAAG

August 18 - 22, 2008

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News The Governor will soon have the opportunity to appoint four justices to the Florida Supreme Court. Read about it here.		Latest CF Appellate News John Blue was an instrumental member of the Carlton Fields team that obtained compensation for Alan Crotzer, a 45 year old man who served 24 years, 6 months, and 13 days of a 130-year sentence for a crime that he did not commit. On April 10, 2008, Governor Crist signed the claims bill which compensates Mr. Crotzer in the amount of $1.25 million, the equivalent of $50,000 for each year he was wrongfully incarcerated, and waives community college tuition on his behalf up to 120 hours. Sylvia Walbolt's longstanding commitment to pro bono work is featured in an article entitled "Low Bono: Are Florida attorneys paying less attention to the poor?" in the May 2008 issue of Florida Trend magazine.
Florida Supreme Court - Tallahassee No opinions this week.		First District Court of Appeal - Tallahassee *Colgate-Palmolive Co. v. Fla Dept. Of Revenue* - discrimination against foreign corporate dividends *Earle T. Bruce v. State* - sex offender sentencing *Porumbescu v. Thompson* - statute of limitations; medical malpractice
Second District Court of Appeal - Lakeland *Interactive Retail Management v. Microsoft Online* - venue; existence of an enforceable forum selection clause *Rice v. State* - involuntary placement in a mental health facility; independent expert examination *Golden v. State* - motion to withdraw plea; conflict free counsel *State v. Walker* - suppression of evidence; probable cause *Graham v. Dacheikh* - discovery of expert reports containing confidential medical information of nonparties *Boyd v. State* - resisting arrest without violence; resentencing by successor judge		Third District Court of Appeal - Miami *State v. Lago* - withdrawn plea offer; downward departure sentence *Suarez v. State* - illegal plea claim refuted by transcript *Ali v. State* - illegal sentence claim; not in compliance with bargain
Fourth District Court of Appeal - West Palm Beach *Washington v. State* - statutory construction; definition of conviction *Jackson v. Southern Auto Finance Company* - UCC notice; “picking off” class representative *Stanley v. Marceaux* - directed verdict; stacking of inferences *Watson v. State* - subpoena of witness intended to be relied on; continuance *Rachel v. State* - Fourth Amendment; police-citizen encounters *Ocean Yachts v. Tantillo* - venue; foreign corporation; representative		Fifth District Court of Appeal - Daytona Beach *Dreggors v. Wausau* - defamation *Richards v. State* - sentencing *State v. Shuler* - dismissal of criminal charges *BCS v. Wise* - personal jurisdiction; minimum contacts *Cox v. State* - proving prior conviction; sentence enhancement *Health First v. Hynes* - arbitration; health care providers *McKinney v. State* - involuntary commitment *Quilling v. State* - mandamus to circuit court for ruling *Thomas v. State* - prohibition regarding VOP *Deering v. State* - sentencing *Aumiller v. State* - mandamus to circuit court for ruling *Williamson v. State* - sentencing

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