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...