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| Spencer v. State, CASE NO. 5D05-265,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: Where defendant did not seek appointment of counsel, did not file an affidavit of indigency, owned property in Florida, was represented by four attorneys during her criminal proceedings, and was given a reasonable opportunity to obtain new counsel, there was no error in failing to appoint counsel for her under Fla. Stat. §§ 27.51 and 27.52(2)(b)2.
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| State v. Cappalo, Case No. 2D04-3365,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Where the jury found defendant not guilty by reason of insanity on burglary and grand theft charges, but guilty of aggravated fleeing and eluding and attempted aggravated assault, the trial court erred in determining the verdicts were impermissibly inconsistent and in granting defendant's motion of acquittal as such inconsistencies were allowed.
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| State v. Storer, Case No. 2D05-1044,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: The denial of the State's petition for a writ of certiorari quashing a pretrial order in a criminal proceeding involving a notice of intention to introduce similar fact evidence including prior convictions of the decedent was proper where the appellate court's limited certiorari powers did not give it authority to quash the order.
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| Talley v. Dep't of Children & Families, Case No. 5D05-1263,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: While it properly denied a minor child crisis services, Florida Department of Children and Families was required by its own regulations to place the child on a crisis waiting list rather than a general waiver waiting list and review him for services on a monthly basis.
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| Thompson v. Napotnik, Case No. 5D05-434,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: Court properly entered judgment on the pleadings in favor of defendants in a commissioner's action challenging the adequacy of a recall petition pursuant to Fla. Stat. § 100.361(1)(a), (b) (2005) because the commissioner's failure to comply with Florida's Sunshine Law would be unlawful; thus, the petition adequately alleged a claim of malfeasance.
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| Tolbert v. State, Case No. 5D04-2785,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: Because the codefendant was acquitted, the fundamental instructional error rule did not apply to the insertion of "and/or" between defendant's name and the name of the codefendant in the jury instructions. Since defendant never obtained a ruling regarding his motion in limine, the evidentiary issue was not preserved under Fla. Stat. § 90.104(1).
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