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| Rouzard v. State, No. 4D06-2686,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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Overview: Counsel may have been ineffective for not moving to suppress a statement made during police interrogation if the statement was involuntary or the defendant did not receive adequate Miranda warnings. Trial court erred in denying appellant's Fla. R. Crim. P. 3.850 postconviction relief motion which alleged ineffective assistance on this basis.
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| Smith v. State, No. 4D07-99,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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| St. Georges v. State, No. 4D06-820,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Filed
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| State Dep't of Highway Safety & Motor Vehicles v. Rendon, No. 3D02-611,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 21, 2007, Opinion Filed
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Overview: Handicapped drivers recovered on their declaratory and injunctive relief claims against Florida state agencies as immunity under the Eleventh Amendment did not bar their suit for nonmonetary relief. However, the immunity was waived for monetary relief as the State of Florida had consented to be sued for tax refunds under § 215.26, Fla. Stat.
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| State v. Galicia, Case No. 2D06-1408,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 21, 2007, Opinion Filed
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Overview: The trial court erred when it granted defendant's motion to suppress the evidence, his fraudulent identification card, as the encounter between the deputy and defendant was consensual. The deputy remained on the driver's side of the vehicle while requesting defendant's identification, and he made no attempt to restrict defendant's ability to leave.
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| State v. Olave, No. 4D06-2889,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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Overview: The trial court erred by granting the motion to suppress because defendant was not subjected to custodial interrogation and his admission that he possessed Xanax provided probable cause to search him. The investigatory stop did not prevent the police from asking defendant questions without giving Miranda warnings.
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| Thomas v. State, No. 3D05-2451,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 21, 2007, Opinion Filed
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| V.J. v. Dep't of Children & Family Servs., No. 3D06-1123,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 21, 2007, Opinion Filed
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Overview: Because there was clear and convincing evidence of abandonment under § 39.806(1)(b), Fla. Stat. by the father, who had been incarcerated, and entirely of his own volition and choosing had been a total stranger in the life of his five and a half year old daughter, the father's parental rights were terminated.
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| Walker v. State, No. 4D07-321,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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