Florida, February, 2008, State Case law

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State Courts - Florida - February 20, 2008

Sanchez v. State, No. 3D05-1321, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Overview: Denial of inmate's Fla. R. Crim. P. 3.800 motion was affirmed. The inmate was attacking the factual basis for the 20-year mandatory minimum sentence he received and attacks on the factual basis for a sentence had to be brought under Fla. R. Crim. P. 3.850. Under Rule 3.850, the motion was untimely.

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Sch. Bd. v. Leyva, No. 3D07-2541, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Slusser v. Life Care Ctrs. of Am., Inc., No. 4D07-2906, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: A voluntary waiver of access to the courts to resolve claims arising under the Nursing Home Residents Act was valid. Had the legislature intended to stop parties from arbitrating their claims under the Act, it would have created an express prohibition.

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State v. Powell, No. 4D07-336, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Trial court erred in dismissing conspiracy to traffic in cocaine charge against defendant as trial court impermissibly weighed the evidence instead of reviewing the evidence in the light most favorable to the State. Further, on the evidence presented, the trial court erred in ruling that the State failed to present a prima facie case.

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State v. Rudy, No. 4D06-4924, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: 42 U.S.C.S. ? 290dd-2 did not bar the State from using a probationer's treatment records at her probation violation hearing, as she signed release forms concerning records of her treatment (which she received as condition of probation), and a probation revocation proceeding was not equivalent to a criminal trial.

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Steil v. State, No. 4D06-3296, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Because a police officer testified that he did not have his lights and sirens on while chasing defendant, there was insufficient evidence of high speed or wanton disregard to support defendant's conviction of aggravated fleeing under ? 316.1935(3), Fla. Stat. (2005).

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Tumblin v. State , No. 4D07-2285, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Defendant should not have been convicted of both resisting an officer with violence and resisting an officer without violence, as both offenses arose from a single criminal episode. Convictions for both offenses violated his constitutional protection against double jeopardy.

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Watson v. State, No. 4D07-1555, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: As ? 776.051(1), Fla. Stat., regarding the use of force in resisting an arrest, did not apply where the original stop of an inmate was illegal, the inmate's convictions for battery on a law enforcement officer had to be vacated. However, as the verdict supported it, the inmate would be adjudicated guilty of misdemeanor battery.

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Williams v. State, No. 3D07-2543, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Williams v. State, No. 3D08-61, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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