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State Courts -
Florida - February 13, 2006
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Morrow v. State, CASE NO. 1D05-1264,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: Defendant's motion under Fla. R. Crim. P. 3.800(a), alleging that his life sentence for second-degree murder was illegal, was improperly denied on a summary basis because the trial court failed to apply Apprendi, which had been decided before the mandate in the instant case issued; as a clarification of Apprendi, Blakely also applied.
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Polston v. Hurricane Island Outward Bound, CASE NO. 1D04-5457,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: In absence of a pending petition filed by employee, JCC lacked jurisdiction to rule on defense that employee had made false, fraudulent, or misleading statements in connection with earlier petition filed, and voluntarily dismissed, by the employee. JCC erred in finding a violation of Fla. Stat. § 440.105(4)(b)2 on petition filed by employer.
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