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| J.S. v. State, Case No. 5D07-2713,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: As the record showed no basis to sentence a juvenile under ¿ 985.037(2), Fla. Stat. (2006) to more than five days for contempt, and the trial court lacked authority to exclude weekends when calculating time served, after sentencing him to five days in secure detention, it erred in refusing to allow him credit for time served over the weekend.
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| Jenkins v. State, Case No. 5D07-4145,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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| Mitchell v. State, Case No. 5D07-2182,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: Summary denial of inmate's Fla. R. Crim. P. 3.850 motion was reversed and cause was remanded for evidentiary hearing or attachment of portions of record showing inmate was not entitled to relief on his scoresheet error claim. Based on record provided, appellate court could not determine if inmate received proper level reduction on prior conviction.
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| Page v. State, Case No. 5D07-21,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: Defendant city commissioner was charged with bribery by public official and receiving unlawful compensation for official behavior (¿¿ 838.015(1) and 838.016(2), Fla. Stat). Evidence that he solicited equity in development project and threatened that city would not support project without his involvement was sufficient to convict him of charges.
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| Reed v. Alpha Prof'l Tools, Case No. 5D07-864,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: A trial court erred by dismissing products liability case based on appellant's loss of an allegedly defective grinding wheel, as distributors were not left completely unable to defend, but unable to defend completely, and as appellant did not have an opportunity to test a defense expert's opinion of the prejudice caused by spoliation in discovery.
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| Rosario-Paredes v. J.C. Wrecker Serv., Case No. 5D06-4317,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: In a personal injury case, defense counsel's closing argument, characterizing a driver's treating physicians as handsomely paid professional witnesses, involved improper expressions of personal opinion. But, driver was not entitled to new trial, as the improper arguments were isolated and were not so highly prejudicial as to deny him a fair trial.
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| Sousa v. State, Case No. 2D07-2664,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 7, 2008, Opinion Filed
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Overview: An Inmate was convicted of two counts of attempted second-degree murder, which were reclassified as first-degree felonies under ¿ 775.087(1)(b), Fla. Stat., due to his use of firearm; the maximum penalty under ¿ 775.082(3)(b), Fla. Stat., without special sentencing enhancement, was 30 years. Thus, two consecutive 50-year sentences were illegal.
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| State Farm Mut. Auto. Ins. Co. v. O'Hearn, Case No. 2D07-4184,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 7, 2008, Opinion Filed
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Overview: In insured's ¿ 624.155, Fla. Stat., bad faith suit, insurer's claim and underwriting files were not discoverable as liability and damages issues had not yet been determined. As order to produce these otherwise privileged documents would cause material injury to insurer that could not be corrected on appeal, it was entitled to writ of certiorari.
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| Tedder v. State, Case No. 2D05-3424,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 7, 2008, Opinion Filed
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Overview: A certified drug detection dog alerted to the passenger door of defendant's truck; search of truck revealed items connecting defendant to home invasion robbery in the area, but no drugs. As State presented no evidence of dog's "track record," it did not prove that canine alert provided probable cause for search of truck under the Fourth Amendment.
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