Carlton Fields - May 12, 2008

May 12 - 16, 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 *Ey v. State Of Florida - Revised Opinion* - ineffective assistance of counsel *Roebuck v. State Of Florida* - jurisdiction discharged for lack of conflict *In Re: Standard Jury Instructions In Criminal Cases – Report No. 2007-5* - criminal standard jury instructions amendments		First District Court of Appeal - Tallahassee *Allstate v. Office Of Insurance Regulation* - suspension of certificates of authority; non compliance with office of insurance regulation investigation *Bashaway v. Cheney Bros.* - loss of consortium; same-sex relationships *White v. DCF* - involuntary commitment; probable cause hearing *Hutto v. State* - postconviction relief; ineffective assistance of counsel
Second District Court of Appeal - Lakeland *Coca-Cola v. Montiel* - workers' compensation exclusivity defense		Third District Court of Appeal - Miami *Hernandez v. State* - misdemeanor speedy trial *N.W. v. Dcfs* - agency review of administrative judge's order; foster licensing *Big Lots v. Diaz* - personal injury; future damages and loss of consortium zero award; relinquish jurisdiction for trial court to give reasons for granting new trial *Mejia v. Ruiz* - fraudulent transfer of corporate assets *Ritter v. Kieszkowski* - rehabilitative alimony *Figuerreo v. State* - illegal minimum mandatory sentence *Knight v. State* - burglary of occupied structure reduced to unoccupied structure *Jones v. Florida Keys* - disqualification of hearing officer *Leunne v. State* - successive post conviction motion
Fourth District Court of Appeal - West Palm Beach *Prince v. State* - pro se post-conviction relief *Hamilton v. State* - sentencing *Dennis v. State* - prison releasee reoffender designation *Diaz v. State* - post-conviction ineffective assistance of counsel claim *Gilbert v. Fla Power & Light Co* - removal of electric transformer *Williams v. State* - testimony re victim *Parker v. Shullman* - trusts and trustees *Munroe v. State* - comments on post-arrest silence *Anderson v. State* - grand theft/dealing in stolen property *Olen Properties v. Moss* - landlord/tenant; choice of remdies *Paul v. State* - improper comment; burden shifting *Dwyer v. State* - post-conviction relief *Wainwright v. State* - post-conviction relief *Florida v. Bd of Supervisors of St. John’s Water Control District* - valuation for compensation *B.M. v. DCF* - dependency order *Fla Div of Pari-Mutuel Wagering v. Fla Standardbred Breeders & Owners Ass’n, Inc* - venue; sword-wielder doctrine; home rule privilege *Siegel v. Marcus* - personal jurisdiction *Smith v. State* - post-conviction relief		Fifth District Court of Appeal - Daytona Beach *Arch Specialty v. Riviera* - prejudgment interest *Parsons v. State* - amendment of post-conviction motions *Ocala Jockey Club v. Rogers* - civil theft treble damages *Kling v. DiSclafani* - summary judgment; medical malpractice *Victory v. State* - ineffective assistance; evidentiary hearing *Redding v. State* - sanctions order

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