Florida, January, 2009, State Case law

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State Courts - Florida - January 29, 2009

Taylor v. State, No. SC06-615, No. SC07-1168, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: As there was no material new evidence presented, the State was not shown to have withheld evidence, and trial counsel was not found to have failed to object to abuses by the State, each of a prisoner's claims of newly discovered evidence was sufficiently refuted. Thus, he was not entitled to postconviction relief under Fla. R. Crim. P. 3.850.

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Ventura v. State, No. SC08-60, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Although in Baze v. Rees, 128 S. Ct. 1520 (2008), United States Supreme Court had not adopted majority standard for determining constitutionality of mode of execution, Florida Supreme Court concluded that Florida's current lethal injection protocol would pass constitutional muster under any of the risk-based standards considered by the Baze Court.

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Wallace v. Dean, No. SC08-149, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: A surviving daughter's wrongful death suit, pursuant to ?? 768.16-.26, Fla. Stat., was improperly dismissed for a failure to state a cause of action as the sheriff deputies responding to a 911 call for her mother owed the woman a common-law duty of care and sovereign immunity did not bar the action since the actions were operational in nature.

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Walton v. State, No. SC07-704, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Even if a prisoner's claim regarding inconsistent prosecutorial theories did not face a procedural bar, it would still fail because the State advanced a wholly consistent theory of the crime in prosecuting the codefendants. Thus, the prisoner's Fla. R. Crim. P. 3.851 motion was properly denied.

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Wheeler v. State, No. SC06-2323, SUPREME COURT OF FLORIDA, January 29, 2009, Decided
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Overview: Judgment was affirmed as there was sufficient evidence of first-degree murder of deputy one as defendant had to pump shotgun each time to chamber round of ammunition, and defendant pursued deputies and engaged in several separate gun battles with them, even after seeking refuge in woods and coming back to fire his gun.

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