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State Courts -
Florida - January 16, 2008
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Abrams v. State, Nos. 4D06-2326, 4D06-2327 and 4D06-2328,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 16, 2008, Decided
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Overview: Life sentence for lewd or lascivious battery under ¿ 800.04(4)(a), Fla. Stat., was affirmed because the Florida Dangerous Sexual Felony Offender Act, ¿ 794.0115, Fla. Stat., was constitutional. Life sentence for lewd or lascivious conduct under ¿ 800.04(6), Fla. Stat., was reversed and remanded as it did not qualify for sentencing under the Act.
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Bayfront Med. Ctr., Inc. v. Fla. Birth-Related Neurological Injury Comp. Ass'n, Case No. 2D03-5156,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Overview: Ruling that parents could reject coverage under the Florida Birth-Related Neurological Injury Compensation Plan, ¿¿ 766.301 - 766.316, Fla. Stat. was reversed, and remanded because a hospital was not required under ¿ 766.316, Fla. Stat., to provide the mother with notice after a physician gave her notice of his participation in the plan.
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Davenport v. State, No. 4D06-3661,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 16, 2008, Decided
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Overview: Although the trial court could take judicial notice of its own files in related plea cases, without proof of defendant's prior convictions or the date of his release at sentencing, as required by ¿ 775.084(1)(a)2.a., Fla. Stat. (2007), the trial court erred in sentencing defendant as an habitual felony offender and prison releasee reoffender.
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