Florida, March, 2008, State Case law

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State Courts - Florida - March 5, 2008

Gilbert v. Bayview Loan Servicing, LLC, No. 3D07-3168, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Glickman v. Bragano, No. 3D06-3197, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Green v. State, No. 3D08-139, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Griffin v. State, No. 3D08-220, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: An inmate's habeas corpus petition, claiming that his trial counsel provided ineffective assistance, was denied, because such a claim had to be addressed either during direct appeal or in a timely filed Fla. R. Crim. P. 3.850 motion for postconviction relief.

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Hall v. State, No. 3D06-3145, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Hames v. City of Miami Firefighters' & Police Officers' Trust, No. 3D07-186, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: Retiree pled guilty in federal court to conspiring to obstruct justice when he was police officer. Police officers' trust properly forfeited his retirement benefits, as his conduct constituted official misconduct under Florida law, a "specified offense" requiring the forfeiture of retirement benefits under ? 112.3173, Fla. Stat. (2006).

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Hernandez v. State, No. 3D06-379, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: Trial court did not abuse its discretion in admitting tape-recording of phone call between defendant and co-defendant, in which latter's side of the conversation was redacted, as defendant's own statements were admissible as admissions and his rights under the Confrontation Clause of the Sixth Amendment were not violated.

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Johnson v. State, No. 4D07-4482, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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King v. State, No. 4D07-1035, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Appellate court considered denial of inmate's successive Fla. R. Crim. P. 3.800(a) motion challenging his alleged failure to be credited for prison time, as manifest injustice might result if he had not made explicit waiver of prison time. His total sentence exceeded the maximum five-year term for a third-degree felony, which he claimed he pled to.

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Lago v. State, No. 3D06-1336, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: Inmate's consecutive sentence for possession of firearm during commission of felony violated double jeopardy clause, and thus was patently illegal. Though his re-raising the issue under Fla. R. Crim. P. 3.800 was barred by the law of the case doctrine, appellate court had power to correct this manifest injustice by granting writ of habeas corpus.

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