Florida, February, 2009, State Case law

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State Courts - Florida - February 11, 2009

Smith v. State, No. 4D08-1962, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Solau v. State, No. 4D08-2361, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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State v. Chen, Case No. 2D06-4735, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 11, 2009, Opinion Filed
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Overview: Trial court erred in granting motion to suppress in favor of first and second defendants regarding alleged trafficking in and possession of cannabis; anticipatory search warrant violated neither U.S. Const. amend. IV nor Art. I, ? 12, Fla. Const., as affidavit showed probable cause to believe cannabis would be delivered before warrant was executed.

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State v. Galazz, No. 3D07-3292, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Strobridge v. State, No. 4D08-644, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Overview: Defendant could file an amended claim as to counsel's failure to convey a plea offer, however other claims of ineffective assistance could not be amended because they failed to specifically allege Strickland prejudice at trial. Failure to preserve an issue for appellate review was legally insufficient to constitute Strickland prejudice.

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Walden v. State, No. 4D08-3469, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Walker v. Walker, No. 3D08-2183, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Overview: Because the cause of a late-filed notice of appeal was attributable to counsel's failure to apprehend the correct filing procedures and did not set forth any grounds for excusable neglect sufficient for re-entry of the order, and because the Fla. R. App. P. 9.130(a)(5) notice was not timely filed, the appellate court lacked jurisdiction to hear it.

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Wright v. State, Case No. 2D07-5152, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 11, 2009, Opinion Filed
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Overview: Because the State did not show that there was insufficient time to secure a warrant before police officers opened the door to defendant's motel room and ordered him out of the room to effectuate his arrest, the trial court should have suppressed the evidence found as a result of the arrest.

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