Carlton Fields - June 30, 2008

June 30 - July 4, 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 *Rhodes v. State* - revised opinion on post - conviction relief in capital case *Gonzalez v. State* - post- conviction relief in capital case *Spann v. State* - post - conviction relief in capital case *Hudson v. State* - direct appeal in capital case *Ward v. State - Revised Opinion* - Jimmy Ryce Act; civil commitment *Lescher v. Florida DHSMV* - ex post facto laws; drivers license revocation *In Re: Amendment To The Code Of Judicial Conduct* - amendments re judicial candidates, comments on proceedings *Minagorri v. Archdiocese Of Miami* - jurisdiction discharged as improvidently granted *The Crossings At Fleming Island Community Development District V. Echeverri* - property appraisers’ standing to challenge constitutionality of statutes *Deren v. State* - Brady violations *Florida House Of Representatives, v. The Honorable Charles J. Crist, Jr.* - Governor’s authority to enter compact with Seminole Tribe *State v. Gibson* - discretionary jurisdiction discharged *Blocker v. State* - discretionary jurisdiction discharged		First District Court of Appeal - Tallahassee *Fowler v. State* - judgment of acquittal; in-court identification *Napoleon, Jr. v. State* - motion to suppress; traffic stop; suspicion of criminal activity *United Ins Co Of America v. Office Of Ins Regulation* - inclusion of mandatory arbitration agreement in insurance contract *Acevedo v. Williams* - dating violence; consensual relationship
Second District Court of Appeal - Lakeland *Zinnerman v. State* - Waiver of the right to a jury trial *J.C.J. v. Heart of Adoptions* - Termination of parental rights		Third District Court of Appeal - Miami *Louisias V. State* - Denying motion for new trial due to lost trial transcript; no grounds for relief stated *Costa Del Sol V. State, DBPR* - Condo association not required to insure individual condo owners' outdoor items as "condominium property" *The Event V. Augustin* - Granting cert to review disqualification of counsel; remanding for evidentiary hearing *Hilton V. Garcia* - Unsworn representation of counsel insufficient "good cause" to avoid deposition *Thompson V. State* - Mandamus compelling hearing on post conviction motion *M.B. V. DCF* - Quashing shelter order
Fourth District Court of Appeal - West Palm Beach *Pines Learning Centre v. Shipman* - new trial; discretion *Kaye v. State Farm* - exclusion of expert witness; discovery violations; new trial *Duckett v. State* - jury instruction; fundamental error *Julia v. Russo* - tenancy in common; presumption of gift *Delio v. Landman* - scheduling trial; counsel unavailability; discretion *Brown v. Motel 6* - negligence; security precautions; legal causation *Duncan v. State* - constructive possession of cocaine *Martland v. Arabia* - child support obligation amount *Rodriguez v. Dep’t of Business and Professional Regulation* - administrative complaint; final order; agency hearing; notice *Proskauer Rose v. Boca Airport* - deposition preparation material; attorney - client and work product privileges *Kidd v. State* - statute of limitations; forgery		Fifth District Court of Appeal - Daytona Beach No opinions released this week.

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