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   State Courts - Florida - January 26, 2006

  
Clemmons v. State, CASE NO. 1D05-3965, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Cox v. Crosby, CASE NO. 1D05-3857, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Overview: Since inmate's challenge to calculation of gain time affected time he would spend in prison, it was a collateral criminal proceeding and Fla. Stat. ch. 57.081 applied, precluding imposition of lien for appeal filing costs on inmate's trust account. Question was certified as to whether this holding correctly applied case law.

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Dockery v. Hood, CASE NO. 1D05-336, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Overview: Because requirement of former Fla. Stat. § 100.371 (1997) that paid petition circulators for a ballot measure include their names and addresses on signature petitions was repealed in 1999, invalidation of the petitions that had been counted by the Florida Secretary of State under Fla. Stat. § 106.191 was unavailable as a remedy.

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Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, CASE NO.: SC05-564, SUPREME COURT OF FLORIDA, January 26, 2006, Decided
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Falco v. Copeland, CASE NO. 1D04-4432, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Overview: Trial court erred in rejecting expert's testimony as opinion on ultimate issue and in entering summary judgment for designer and distributors in claim for negligence and product defect as well as a failure to warn. Expert opined that certain use of tire plug to make tire repair was unreliable and could have led to underlying tire failure.

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Fla. Dep't of Fin. Servs. v. Freeman, No. SC04-1492, SUPREME COURT OF FLORIDA, January 26, 2006, Decided
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Overview: There was not substantial evidence to support a trial court's award of fees to a death row inmate's postconviction counsel, because no experts testified as to the reasonableness of counsel's fee request or whether the case presented an extraordinary or unusual situation requiring fees in excess of Fla. Stat. § 27.711(4)(g)'s maximum.

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Henderson v. State, CASE NO. 1D05-3793, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Overview: A trial court erred in denying a prisoner's motion to have counsel appointed as to his claim that counsel was ineffective in failing to presenting witnesses regarding the victim's reputation for violence since the prisoner's lack of understanding on how to prove the claim demonstrated the complexity of the rules of evidence involved.

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Hoffman v. Hoffman, CASE NO. 1D05-500, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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Jackson v. State, No. SC05-654, SUPREME COURT OF FLORIDA, January 26, 2006, Decided
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Kever v. Crosby, CASE NO. 1D05-4140, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2006, Opinion Filed
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