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State Courts -
Florida - January 5, 2009
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Osborne v. State, No. 4D07-2983,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because a toy gun found in defendant's possession had no relevance to the crimes with which he was charged, was never mentioned in the information, and did not tend to prove or disprove any material fact at issue, and because the jury was misled into thinking that the gun was evidence of defendant's guilt, its admission was harmful error.
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Schauer v. Morse Operations, Inc., Nos. 4D06-4902, 4D07-1354 & 4D07-4540,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Judgment in favor of signer on claim under Florida Consumer Collection Practices Act, ? 559.72, Fla. Stat., was improper because there were at most seven telephone calls over a six-month period from lender, trying to collect loan in default, and worst call was one in which lender told signer he would be in "big trouble" if he did not repay.
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Sharrard v. State, No. 4D08-1119,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because a trial court's orders, requiring the warrantless arrest and transportation of supervised offenders who tested positive for a prohibited substance, interfered with the Department of Corrections' discretion in ?? 30.15, 948.06(1)(a), Fla. Stat., the orders violated the separation of powers doctrine of Fla. Const. art. II, ? 3.
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