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| Butler v. State, Case No. 2D07-1807,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: Handwritten notations changing an inmate's sentence, apparently made by nonjudicial government employees, were made without any motion from the State and without notice or opportunity to be heard afforded to the inmate. If the handwritten notations were deemed to be an amended sentence, he had to be notified of his right to file a direct appeal.
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| Columbia/JFK Med. Ctr., Ltd. v. Sangounchitte, Nos. 4D07-1068 & 4D04-2034,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Judgment was affirmed as patient's expert was qualified to testify under § 766.102(7), Fla. Stat., even though he did not have Florida experience in hospital administration, as Florida hospitals were governed by Joint Commission on Hospital Accreditation Standards, and he had been accepted as expert in credentialing by other courts.
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| Cummins v. Bowman (In re Estate of Cummins), No. 3D07-2260,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Widow filed objections to personal representative's petition for discharge, but did not serve notice of hearing until 12 days after Fla. Prob. R. 5.401(d)'s 90-day period had expired. As late filing was due to legal assistant's quitting without notice, widow showed good cause to permit an enlargement of time under Fla. Prob. R. 5.042(b).
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| Dennis Wilifrid Plourde v. State, Case No. 2D06-2487,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: The fact that the sentencing documents incorrectly stated a lesser sentence did not alter the fact that an inmate was actually serving a suspended sentence of 15 years' imprisonment prior to his probation revocation proceedings. Therefore, the seven years' incarceration ordered by the trial court was proper.
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| Desravines v. State, No. 4D07-2657,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: The trial court erred in denying "ground 2" of appellant's Fla. R. Crim. P. 3.800(a) motion to correct illegal sentence because appellant appeared to be entitled to relief in his sentencing challenges to the extent conceded by the State where the appellate court was unable to discern which issue the trial court intended to reject in "ground 2."
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| Doe v. State, No. 4D06-1307,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Because defendant's vehicle simply drove away, there was nothing otherwise suspicious in defendant's behavior, and defendant had committed no violation, the officer was making the stop based on a mere hunch, and not a reasonable suspicion. Thus, the stop was improper.
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| Doe v. State, No. 4D06-4401,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: As defense counsel did not challenge the facts on which the peremptory strikes of two black jurors were based, the issue was not preserved for appellate review. A judgment convicting defendant of multiple counts of burglary of a dwelling and grand theft and one count of possession of burglary tools was affirmed.
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| Fleming v. State, No. 4D07-4395,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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| Garcia v. State, No. 3D06-2487,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Although defendant had obtained an in limine order regarding evidence of a threat he made on his wife's life eleven days before he attacked a person he found with the wife, under § 90.612(2), Fla. Stat., defendant opened the door to cross-examination about the threat when he testified on direct examination about his purported love for his wife.
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