Florida, January, 2009, State Case law

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State Courts - Florida - January 30, 2009

Saleeby v. Rocky Elson Constr., Inc., No. SC07-2252, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: Order allowing construction company to impeach manufacturer's president with evidence that the manufacturer had been a defendant in worker's suit and had settled was error because, inter alia, ? 768.041, Fla. Stat. unambiguously prohibited admission of evidence of settlement or that a former defendant was dismissed and admitted no exceptions.

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Sinquefield v. State, Case No. 2D07-183, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 30, 2009, Opinion Filed
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Overview: Defendant's conviction for opposing an officer without violence under ? 843.02, Fla. Stat. was reversed; at the time defendant was confronted by the officer regarding a burglary to a conveyance, the officer was outside of his jurisdiction and was acting as a private citizen, and therefore, was not in the lawful execution of any legal duty.

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Valdes v. State, No. SC07-2256, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: Dual convictions of discharging firearm from vehicle within 1000 feet of a person and shooting into an occupied vehicle did not violate double jeopardy because the two offenses did not satisfy the ? 775.021(4)(b)(2), Fla. Stat. exception prohibiting separate punishments only when the statute itself provided for an offense with multiple degrees.

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Whatley v. State, Case No. 2D08-1599, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 30, 2009, Opinion Filed
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Overview: Trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.850 postconviction relief motion following his entry of guilty plea; his claims that his counsel was ineffective for not moving to suppress an allegedly coerced confession and failure to advise him he could try and suppress confession facially stated sufficient claims for relief.

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