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   State Courts - Florida - January 7, 2009

  
M.A.M. v. State, Case No. 2D08-5147, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 7, 2009, Opinion Filed
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Overview: Because a juvenile's detention began running on the day he was first brought into court for a detention hearing; because no motion to continue was filed by the State and no adjudicatory hearing was commenced, pursuant to ?? 985.255(2) and 985.26(2), Fla. Stat. (2008), the juvenile was entitled to habeas corpus relief and to be released on day 21.

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Marckman v. State, Case No. 2D08-1689, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 7, 2009, Opinion Filed
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Milian v. State, No. 3D08-3147, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 7, 2009, Opinion Filed
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Miran v. State, Case No. 2D07-4533, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 7, 2009, Opinion Filed
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Petit-Dos v. Sch. Bd. of Broward County, No. 4D07-2534, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 7, 2009, Decided
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Overview: When a student was struck by a truck after exiting a school bus, it was not error to include the truck driver on the verdict form under ? 768.81, Fla. Stat. The conduct of the truck driver, who was speeding to flee police, was not substantially certain to result in injury to the student and thus did not meet the definition of an intentional tort.

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Rule v. State, Case No. 2D07-3821, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 7, 2009, Opinion Filed
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Sanders v. State, No. 3D08-3097, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 7, 2009, Opinion Filed
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St. Joseph's Hosp., Inc. v. Cintron, Case Nos. 2D08-1965, 2D08-2261 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 7, 2009, Opinion Filed
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State v. Davis, No. 3D07-1396, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 7, 2009, Opinion Filed
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Torres v. State, No. 4D05-2706, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 7, 2009, Decided
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Overview: Expert's testimony was not subject to Frye, and was properly admitted because it was pure opinion. Expert did not rely on scientific studies, syndrome evidence, or any other classic scientific test. He limited the basis for his testimony to his own professional experience and did not render an opinion relating to the victim in this case.

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