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   State Courts - Florida - February 16, 2006

  
C.D.T. v. State, Case No. 5D06-464, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2006, Opinion Filed
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Overview: Juvenile's request for a writ of habeas corpus was granted as the trial court failed to provide written reasons when it selected a more restrictive placement than indicated by a risk assessment instrument, as required by Fla. Stat. § 985.215(2)(j). However, the trial court was allowed to revisit the issue if a basis existed to do so.

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Checkers Rest. v. Wiethoff, CASE NO. 1D04-193, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2006, Opinion Filed
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Overview: As the JCC erred in construing the waiver provision of Fla. Stat. § 440.20(4) to preclude the E/C's challenge to the claimant's entitlement to benefits and treatment, including surgery, the JCC's authorization of additional medical care was reversed.

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Fla. Bar re Untracht, No. SC04-470, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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Overview: Referee's recommendations that an attorney should be reinstated after a two-year suspension was rejected as he was disbarred in New Jersey before he was suspended in Florida. Thus, the exception recognized in Susser, namely, that the discipline in Florida became final before his disbarment in New Jersey, did not apply to him.

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Gambone v. Bazan, No. SC05-1246, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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In re Report of the Comm. on Dist. Court of Appeal Workload & Jurisdiction--Rule of Judicial Admin. 2.036, No. SC06-01, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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Scipio v. State, No. SC04-647, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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Overview: State violated Fla. R. Crim. P. 3.220(b) by failing to inform the defense that its investigator had changed his testimony from believing that a weapon had been recovered from underneath the victim's body to believing that the item was a pager; the error was not harmless and a new trial was ordered.

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Seibert v. State, No. SC03-800, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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Overview: In a first-degree murder prosecution, defendant's motion to suppress was properly denied because the warrantless entry into his home was justified by exigent circumstances. Police, who were responding to a 911 call, were not investigating any crime but were attempting to ensure that defendant would not kill himself.

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Velez v. Miami-Dade County Police Dep't, No. SC04-1944, SUPREME COURT OF FLORIDA, February 16, 2006, Decided
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Overview: As petitioner possessed cash subject to forfeiture when it was seized, he would have had standing at adversarial preliminary hearing to challenge probable cause for seizure without showing proprietary interest in cash; but as he failed to present evidence he was person entitled to notice under Fla. Stat. § 932.701(2)(e), he did not have standing.

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