April 12, 2007

Table of Contents

LATEST SUMMARIES

CONSUMER PRODUCTS, CONSUMER PROTECTION LAW, CONTRACTS, MANUFACTURING
• Am. Honda Motor Co., Inc. v. Cerasani

CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, PER CURIAM
• Cherry v. State of Florida

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
• Blanco v. State of Florida
• Riechmann v. State of Florida

CRIMINAL LAW & PROCEDURE, HEALTH LAW, PER CURIAM, SENTENCING
• Brown v. State of Florida

CRIMINAL LAW & PROCEDURE, PER CURIAM
• Ford v. State of Florida

ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PER CURIAM
• Florida Bar v. Maurice

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LATEST SUMMARIES

CONSUMER PRODUCTS, CONSUMER PROTECTION LAW, CONTRACTS, MANUFACTURING
Am. Honda Motor Co., Inc. v. Cerasani, No. SC05-1907
A long-term lessee of an automobile who is entitled to enforce a warranty under Florida's Lemon Law also has a cause of action under the Magnuson-Moss Warranty Act. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, PER CURIAM
Cherry v. State of Florida, No. SC02-2023
In a first degree murder and death penalty case, an order denying defendant's second motion for postconviction relief and an order concluding that he is not mentally retarded are affirmed over claims of error regarding newly discovered evidence and a challenge to a determination that he was not mentally retarded in accordance with the definition set forth in Florida Statutes section 921.137(1). Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
Blanco v. State of Florida, No. SC03-1328
Summary denial of a motion for postconviction relief brought by a prisoner sentenced to death is affirmed over claims of error regarding: 1) denial of a motion to require law enforcement officers to run a latent fingerprint through the Automated Fingerprint Identification System; 2) a failure to hold an evidentiary hearing regarding allegedly tainted evidence; and 3) summary denial of most of his claims, both individually and cumulatively. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
Riechmann v. State of Florida, No. SC03-760
An order denying a motion to vacate conviction for first-degree murder and a sentence of death is affirmed over claims of error regarding: 1) a refusal to allow an officer's proffered testimony at an evidentiary hearing below; 2) defendant's ability to perpetuate an individual's testimony by a deposition in Dubai, or alternatively, to introduce his affidavit; 3) related Brady and Giglio claims; 4) newly discovered evidence; and 5) a motion to recuse the trial court. Read more...

CRIMINAL LAW & PROCEDURE, HEALTH LAW, PER CURIAM, SENTENCING
Brown v. State of Florida, No. SC05-1018
An order denying a motion to vacate a sentence of death under Florida Rule of Criminal Procedure 3.850 is affirmed as competent, substantial evidence supported the trial court's finding that defendant was not mentally retarded. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM
Ford v. State of Florida, No. SC04-1611
An order denying a motion to vacate a sentence of death under Florida Rule of Criminal Procedure 3.851 is affirmed over claims that the trial court improperly denied relief on two ineffective assistance of counsel claims regarding the use of a voluntary intoxication defense, and a waiver of defendant's right to a speedy trial. Read more...

ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PER CURIAM
Florida Bar v. Maurice, No. SC04-700
A referee's report regarding alleged ethical breaches by an attorney in administering a probate estate is approved as to the findings of fact and conclusions as to guilt, but disapproved as to the recommended discipline as a two-year suspension recommended by the referee was not reasonably supported by the caselaw as the attorney's conduct was not as egregious as attorneys who had received such discipline. Read more...