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State Courts -
Florida - March 5, 2008
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State v. Holland, Case No. 2D07-1091,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 5, 2008, Opinion Filed
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Overview: As police found drugs in plain view in defendant's bedroom, in close proximately to her insurance card and other belongings, the State sufficiently established an element of constructive possession, dominion and control over the contraband, to survive her motion to dismiss the drug charges.
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T.W. v. Dep't of Children & Families, No. 4D07-4781,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: In a proceeding to terminate a mother's parental rights, under Fla. R. Juv. P. 8.255(d)(2)(C), trial court was not required to make any findings in support of its refusal to permit children to testify, as their attorney told the court that they did not wish to do so, and Rule 8.255(d)(2)(C) applied only where an in-camera examination had occurred.
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Tyrrell v. State, No. 4D05-183,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: In sexual battery case, trial court ordered victim to produce dildo and certain medical records, but she never complied. Defendant's rights to due process and confrontation were not violated because it was the victim, not the State, who was ordered to produce the items, and defendant never moved to hold the victim in contempt.
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