May 26, 2008 | 2005 | WAAG

May 26 - 30, 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 *Roberts v. Fla.* - second motion for postconviction relief *Jackson v. Fla.* - whether consideration of victim impact testimony without defense counsel present is a sentencing error pursuant to Crim P. Rule 3.800(b)		First District Court of Appeal - Tallahassee *Strassner v. Strassner* - child support *State v. Rothwell* - double jeopardy; felony battery; criminal contempt *Lukacs v. Luton* - injunction; repeat violence; stalking *Mullins v. State* - plea agreement; conflict-free counsel *Peterson v. Florida Parole Commission* - certiorari; habeas corpus *Rodriguez v. Florida Parole Commission* - mandamus relief *Norkunas v. Florida Building Commission* - standing; judicial review of administrative action
Second District Court of Appeal - Lakeland *McNeil v. State* - motion to suppress *Burnett v. Burnett* - dissolution; child custody; marital home; support *Burris v. State* - lien on inmate trust account		Third District Court of Appeal - Miami *Polite v. State* - affirmative misadvice of counsel *Mckenzie v. Dept. Of Revenue* - child support guidelines worksheet required *Del Pino Allen v. FIU* - Fla. Commission on Human Relations jurisdiction over whistleblower complaint *SS Funding v. Phelan* - assignment of assets; validity of lien *AC Holdings v. McCarty* - summary judgment; rehearing of interlocutory order; tardy filing of affidavit *Torres v. FUAC* - denial of unemployment benefits
Fourth District Court of Appeal - West Palm Beach *Luyao v. State* - jury selection; introduction of evidence *Williams v. American Optical* - Florida Asbestos & Silica Compensation Fairness Act; retroactivity *Liberty Transp v. Banyan Air Servs* - amendment for compulsory counterclaim *Moore v. Pattin* - domestic violence; injunction *Green v. State* - post-conviction relief *Gomez v. State* - post-conviction relief; ineffective assistance *Pierre v. State* - post-conviction relief; involuntary plea *Bell v. State* - jail credit *Harris v. State* - post-conviction relief; felony classification		Fifth District Court of Appeal - Daytona Beach *CH v. Whitney* - relation back of complaint *Greene v. Lifestyle* - mortgage foreclosure; summary judgment *Denhart v. State* - promoting sexual performance by child; sexual conduct *McBride v. State* - guilty plea after disqualification motion *Hollis v. DBPR* - administrative review; formal hearing request *Stevens v. State* - instructions on resisting officer without violence *DGB. v. State* - mistrial motion in criminal case for discovery violations *Smith v. State* - continuance; unavailability of expert; necessity of proffer *Lamore v. State* - preservation of error; vagueness challenge to drunk driving statutes *Holmes v. State* - concurrence regarding sua sponte reset of criminal trial date; effect of writ of prohibition *Snowden v. Snowden* - child custody; application of settlement agreement and best interests standard *Satran v. Martinez* - client attendance at appellate mediation *Migliori v. Migliori* - venue regarding change in child custody *Hernando Co. v. City of Brooksville* - annexation challenge *Moore v. State* - ineffective assistance; facially sufficient claim *Davis v. State* - mandamus and per curiam affirmances

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