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State Courts -
Florida - February 28, 2008
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Head v. McNeil, CASE NO. 1D07-526,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2008, Opinion Filed
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Overview: Circuit court erred in dismissing an inmate's petition for writ of mandamus as untimely under ? 95.11(8), Fla. Stat. The inmate's petition sought review of an administrative determination that denied application of gain time to his date of release, not a disciplinary decision, and therefore, ? 95.11(5)(f)'s one-year time limit for filing applied.
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Milton v. State, CASE NO.: 1D06-1384,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2008, Opinion Filed
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Overview: State improperly called a witness, knowing he would invoke his Fifth Amendment right not to testify, to ask him leading questions about statements he allegedly made to police that incriminated defendant. As defendant could not cross-examine this witness, his Confrontation Clause rights, as interpreted by Bruton, were violated.
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