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State Courts -
Florida - February 22, 2008
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Humphrey v. State, Case No. 2D06-1093,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because records obtained from a cellular telephone company, which simply reflected the time, date, length, and location of a telephone call, were not communications falling within the purview of the husband-wife privilege in ? 90.504, Fla. Stat. (2003), the trial court correctly denied defendant's motion to suppress.
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May v. State (In re May), Case No. 2D07-3965,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because civil commitment proceedings under the Jimmy Ryce Act, ch. 394, pt. V, Fla. Stat. (2007), implicated a petitioner's constitutionally recognized right to liberty, the proper vehicle for belated review of the order was to file a petition with the trial court for writ of habeas corpus and not a belated appeal under Fla. R. App. P. 9.141(c).
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Mordenti v. State, Case No. 2D05-4407,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because the trial court erred in excluding statements made by the murder victim's husband, who was also deceased at the time of trial, and because such statements, if believed by the jury, would exonerate defendant, defendant was entitled to a new trial.
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