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State Courts -
Florida - January 5, 2009
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Horne v. State, No. 4D07-2261,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because the State did not offer evidence of the value of the damage to a home, as required by ? 810.02(2)(c)(2), Fla. Stat. (2005), defendant was entitled to a reduced conviction; because the State did not offer evidence inconsistent with defendant's claim of innocence, he was entitled to an acquittal of the crimes involving three other homes.
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Kovaleski v. State, No. 4D06-1168,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because the record was silent as to whether a minor had ever made a prior false accusation of sexual abuse or withdrawn it, and because it was it not clear if such evidence would have been admissible, pursuant to ? 90.104(1)(b), Fla. Stat., a proffer was necessary.
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Maddrie v. Colton, No. 4D08-3549,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because defendant failed to provide a complete listing of each suit, action, claim, proceeding, or appeal brought in the preceding five years, the trial court correctly dismissed the complaint for failure to comply with section 57.085(7), Florida Statutes (2008).
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