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| Harris v. State, No. 3D07-2916,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Evidentiary hearing should have been held on Fla. R. Crim. P. 3.850 claim of ineffective assistance of counsel; counsel's affidavit supported need for hearing to determine if counsel was ineffective for failing to properly advise inmate of plea offers and possible sentencing consequences of going forward with a revocation of probation hearing.
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| Harris v. State, Case No. 2D07-1448,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Decided
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Overview: Summary denial of inmate's belated Fla. R. Crim. P. 3.850 motion was affirmed; even if counsel had failed to timely file a requested Rule 3.850 motion, the inmate's due process rights were not violated because the inmate was afforded the requisite due process through a previous, timely filed pro se Rule 3.850 motion.
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| Hirsch v. Hirsch, No. 3D07-385,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: As the parties had moved from a rent-free home months before a dissolution of marriage action was filed, that use no longer amounted to an in kind payment that reduced the husband's living expenses; thus, under ¿¿ 61.30(2)(a)(13), 61.08(2)(g), Fla. Stat., a magistrate erred in imputing income to the husband based on the rent-free home.
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| Huffman v. Fla. Dep't of Corr., CASE NO. 1D07-2173,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2008, Opinion Filed
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| Hylton v. State, No. 3D07-2859,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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| Invego Auto Parts, Inc. v. Rodriguez, No. 3D07-2078,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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| J.L. v. State, No. 4D07-2385,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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| Jimenez v. State, No. 3D05-2731,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Trial court committed fundamental error when it failed to give the excusable homicide instruction in conjunction with an instruction on manslaughter as a lesser included offense of second degree murder. Defense counsel's attempt to waive the manslaughter instruction could not be construed as a waiver of the excusable homicide instruction.
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| Johnson v. State, No. 3D07-2418,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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