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   State Courts - Florida - January 28, 2009

  
Johnson v. State, CASE NO. 1D06-5043, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2009, Opinion Filed
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Overview: Evidence was insufficient to convict defendant of sexual battery on a child under twelve and lewd or lascivious molestation of his son; although the son's out-of-court statement accusing defendant of molesting him was admissible under § 90.803(23), Fla. Stat., the son recanted the statement during trial.

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Jones v. State, No. 4D08-3559, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Mahmood v. Mahmood, No. 4D08-4743, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Overview: Section 39.0139, Fla. Stat. did not apply in a wife's dissolution of marriage proceeding under Chapter 61, Fla. Stat., and therefore, certiorari review of a family court order that denied the wife a hearing under § 39.0139 with regard to allegations that her husband had molested the parties' teenage sons was not available.

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McNeal v. McNeil, CASE NO. 1D08-1797, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2009, Opinion Filed
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Molyneaux v. State, No. 3D08-1843, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 28, 2009, Opinion Filed
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Mulligan v. City of Hollywood, No. 4D02-3626, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Pratt v. State, No. 4D07-2365, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Rodriguez v. Miami-Dade County Fire Rescue & Risk Mgmt., CASE NO. 1D07-1092, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2009, Opinion Filed
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Schuster v. State, No. 4D07-1014, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Smith v. State, No. 3D05-90, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 28, 2009, Opinion Filed
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Overview: Trial court did not err in conducting a Neil inquiry relating to defendant's peremptory challenge of a juror because, although State's objection did not meet Neil threshold, trial court clearly understood nature of the objection. Record supported trial court's finding that reasons proffered were not genuine and did not permit the challenge.

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