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| Colombo v. State, CASE NO. 1D 07-2452,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2008, Opinion Filed
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Overview: Because counsel misadvised defendant about the civil commitment of sexual predators as a collateral consequence of entering a plea to a qualifying offense, the trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief based on counsel's ineffectiveness.
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| In re Doe 07-B, CASE NO. 1D07-4991,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2008, Opinion Filed
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Overview: Trial court erred in dismissing for lack of jurisdiction a Parental Notice of Abortion Act, § 390.01114(4)(a), Fla. Stat., judicial waiver petition filed by Georgia resident. Statute was a venue statute, not a jurisdictional statute, and as it was silent as to venue for out-of-state residents, venue was appropriate in any circuit court in Florida.
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| Norris v. Heckerman, CASE NO. 1D07-2289,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2008, Opinion Filed
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Overview: Because a trial court had authority under § 61.516(2), Fla. Stat. (2007) to modify a Georgia judgment of divorce, and because the trial court had discretion under § 61.13001(7), Fla. Stat. (2006) to do so, it properly granted the mother's request to relocate with the children to Chicago.
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| Shove v. State, CASE NO. 1D07-2332,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2008, Opinion Filed
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| Smalls v. State, CASE NO. 1D06-6464,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2008, Opinion Filed
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Overview: Because defense counsel was unaware that the victim's yard had to be "substantially enclosed" before defendant's presence therein would constitute a burglary of a dwelling, counsel was ineffective in advising a guilty plea; consequently, the trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief.
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