Florida, January, 2009, State Case law

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State Courts - Florida - January 29, 2009

Advisory Opinion to the AG re: Standards for Establishing Legislative District Boundaries, No. SC08-986, No. SC08-1149, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: The Supreme Court of Florida determined that two proposed constitutional amendments, establishing additional guidelines for the Florida Legislature to apply when it redistricts legislative and congressional boundaries, encompassed a single subject in compliance with Art. XI, ? 3, Fla. Const. and complied with ? 101.161(1), Fla. Stat. (2008).

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Advisory Opinion to the AG re: Standards for Establishing Legislative District Boundaries, No. SC08-1163, No. SC08-1165, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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AmerUs Life Ins. Co. v. Lait, No. SC07-2095, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Because trial court had stated in final judgment that an individual and a professional association were liable to an insurer for attorney's fees and costs, the 30-day time limit in Fla. R. Civ. P. 1.525 for motions for attorney's fees and costs did not apply; the trial court had already determined entitlement, just not the amount of fees and costs.

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Consalvo v. State, No. SC07-2175, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Because defendant's motion for DNA testing under Fla. R. Crim. P. 3.853(b)(3), ? 925.11, Fla. Stat. (2008) was insufficiently pleaded, because defendant did not even attempt to demonstrate how further testing would exonerate him in face of the overwhelming evidence of his guilt, he was not entitled to postconviction relief.

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Gisi v. State, No. SC07-319, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Heath v. State, No. SC07-771, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Defendant was not entitled to Fla. R. Crim. P. 3.851 postconviction relief from a death sentence due to recanted testimony because the testimony was unreliable as (1) it was inconsistent with medical testimony, (2) it was internally inconsistent, (3) the witness had a motive to alter his testimony, and (4) the explanation for it was not credible.

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In re Amendments to Fla. Rule of Appellate Procedure 9.141., No. SC08- 1226, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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In re: Amendments to Fla. Rules of Appellate Procedure, No. SC08-2357, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Peterson v. State, No. SC06-252, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Collateral crime evidence was admitted under ? 921.141(a)(6), Fla. Stat.; it was probative of material issues and was not outweighed by danger of prejudice. Death sentence was proportionate; robbery aggravator was based on violent felony convictions, death sentence was imposed in similar cases, and mental impairment did not compel life sentence.

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State v. Rabedeau, No. SC08-144, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Because defendant's sentences ran concurrently, and he had completed the incarcerative portion of each sentence, he was entitled to credit on each sentence.

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