Carlton Fields - May 5, 2008

May 5 - 9, 2008

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News		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 *Owen v. Fla.* - Rule 3.851 motion and petition for writ of habeas corpus		First District Court of Appeal - Tallahassee *Carrin v. State* - culpable negligence as lesser included offense *Oyibo v. State* - admission of Williams rule evidence *Lowry v. Central Leasing Mgmt* - worker’s comp; attorney’s fees *Comprehensive Medical Access v. Office of Ins. Reg.* - approval of health plan *Lentini v. City of West Palm Beach* - worker’s comp; firefighter’s presumption *Aderhold v. Aderhold* - dissolution of marriage; division of property *Caldwell v. Wal-Mart Stores* - Certiorari; timeliness *State v. Smith* - review of nonfinal agency action *Harris v. Fla. Parole Comm’n* - certiorari; insufficiency of order *Butler v. City Of Jacksonville* - worker’s comp; clarification based on scrivener’s error *C.G. v. State* - juvenile disposition order; failure to present evidence of essential element
Second District Court of Appeal - Lakeland *Martinez v. State* - sentence after revocation of probation *Frederick v. State* - possession of contraband *Davis v. State* - correction of pleading deficiency in postconviction motion *Stratton v. Sarasota County* - lien for payroll expenses of County code enforcement personnel *State v. Carter* - disclosure of identity of confidential informant *Hempstead v. State* - motions to supplement postconviction claims; ineffective assistance of counsel *Technical Packaging v. Hanchett* - defense of abandonment of malpractice claims *State v. Lopez* - dismissal of charge of carrying a concealed weapon *Byrd v. State* - severance of criminal counts *Freeman v. State* - sentencing; attachment of jeopardy *Doe v. Footstar* - workers' compensation immunity *Mendes v. Silva* - First Amendment; court entanglement in religious dispute *McCrea v. State* - sentencing; setting aside plea agreement		Third District Court of Appeal - Miami *Garcia v. State* - plea withdrawal; sentence exceeds agreement *American Home Ins v. Junger* - lost insurance policy preponderance of the evidence standard; coverage after policy cancellation *Stirman v. Graves* - statute of limitations; amended complaint relation back *Iannuzzelli v. Lovett* - dissolution of marriage; attorney's fees under immigration support affidavit
Fourth District Court of Appeal - West Palm Beach *Luger v. State* - jurisdiction; statewide prosecutor *Baker v. State* - felony child abuse; mental injury *Newlan v. Academy for Little People of West Palm Beach, Inc.* - school liability; negligent supervision *Patterson v. Law office of Lauri J. Goldstein, P.A.* - unpaid wages; paralegal; fee sharing with non-lawyer *Anthony v. State* - Miranda; ineffective assistance of counsel *McAllister v. Breakers Seville Assoc. Inc.* - disparagement of title; declaratory judgment; appurtenances to cooperatives *Williams v. Cadlerock Joint Venture* - domestication of foreign judgment; service of improper person *Egitto v. Wittman* - jury interview *Brown v. State* - 30 day period to rule on motion to recuse; Fla. R. Jud. Admin. 2.330(j)		Fifth District Court of Appeal - Daytona Beach *Davis v. Dollar Rent-a-Car* - remanded for proceedings consistent with supreme court opinion *Heshmati v. Dept. of Health* - suspension of medical license *Mobley v. State* - consecutive mandatory minimum sentences *Wiggs v. State* - second tier review of criminal contempt conviction *Cokley v. State* - pro se filings *Johnson v. State* - classification as Prison Releasee Reoffender

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