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   State Courts - Florida - February 26, 2009

  
Bradley v. State, No. SC08-196, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Overview: As defendant's explicit plea to discharge of a firearm during the commission of a robbery constituted a waiver of the missing discharge element, and he was specifically advised that he was exposing himself to a 20-year mandatory minimum sentence required for discharge of a firearm, his Fla. R. Crim. P. 3,800 motion was properly denied.

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Breitberg v. State, No. SC07-13, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Buitrago v. Landry's, No. SC07-762, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Butler v. Yusem, No. SC07-2306, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Overview: While a lack of due diligence could not bar a partner's claims, the lower appellate court erred by recharacterizing the trial court's ruling as a lack of justifiable reliance. In addition, it should have awarded the partner interest on some of his fees as the partnership agreement allowed for recovery of fees incurred on behalf of the partnership.

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Celeste v. Kerns, No. SC08-1926, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Dragon v. State, No. SC06-2001, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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In re Amendments to Fla. Rule of Crim. Procedure 3.112, No. SC08-1292, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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In re Certification of Need for Additional Judges, No. SC09-173, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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In re Std. Jury Instructions in Crim. Cases, No. SC08-2431, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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In re Std. Jury Instructions in Crim. Cases-Report No. 2008-07, No. SC08-1488, SUPREME COURT OF FLORIDA, February 26, 2009, Decided
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Overview: The supreme court authorized the publication and use of new instructions to the Florida Standard Jury Instructions in Criminal Cases. Because the supreme court expressed no opinion on the correctness of the instructions, the authorization did not foreclose requesting additional and alternative instructions or contesting their legal correctness.

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