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State Courts -
Florida - February 7, 2007
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McGee v. State, No. 4D06-1286,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Appellant's claim, which was not conclusively refuted on the record, provided a reasonable probability that, absent counsel's ineffectiveness in not requesting an "afterthought" instruction, there would have been reasonable doubt respecting appellant's guilt of robbery. Summary denial of appellant's Fla. R. Crim. P. 3.850 motion was error.
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Mills v. Mills, No. 3D03-3212,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Upon remand, the trial court erred in determining a former husband's obligation to pay alimony to his former wife pursuant to § 61.08(2), Fla. Stat. (2002), because the successor trial court misinterpreted the appellate court's opinion, and improperly considered various liabilities in determining the former husband's ability to pay alimony.
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