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| J.M.S. v. State, Case No. 5D04-3738,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Where appellant juvenile was adjudicated for disorderly conduct in violation of Fla. Stat. § 877.03 and disruption of an educational institution in violation of Fla. Stat. § 877.13(1)(a), the trial court violated appellant's Sixth Amendment rights when it prevented defense counsel from participating in closing argument.
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| Kelly v. Kelly, Case No. 5D05-177,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Trial court's attorney fee award to the wife under Fla. Stat. § 61.16 was reversed and remanded to recalculate the award as the record did not support the trial court's calculation of the wife's income, the husband was in a far superior financial posture than the wife, and the husband caused extensive delays and obstruction during the proceedings.
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| Linn v. State, Case No. 2D04-5474,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Where the State failed to present evidence from which the jury could exclude every reasonable hypothesis except that of guilt, a trial court erred in denying defendant's motion for a judgment of acquittal; accordingly, his conviction for uttering a forged instrument, in violation of Fla. Stat. § 831.02 (2004), was reversed.
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| Miller v. State, Case No. 5D04-4089,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: Trial court did not err in denying defendant's motion to discharge his counsel, on conflict of interest grounds, as whatever conflict was presented by the filing of a federal lawsuit, defendant created himself. Further, the federal suit he filed was apparently no more than a claim of ineffective assistance dressed up in civil law clothing.
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| Moline v. State, CASE NO. 1D05-2815,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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Overview: Departure sentence imposed by determining a fact by merely a preponderance of evidence violated holding of Apprendi as explained by Blakely. Constitutional limitations announced in Apprendi and explained in Blakely before finality of defendant's resentencing applied to his case, and summary denial of his challenge to sentence was improper.
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| Murillo v. Tri-State Empl. Servs., CASE NO. 1D05-1978,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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| Nixon v. State, Case No. 5D05-3766,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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| Oglesby v. Oglesby, Case No. 2D04-5489,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: A trial court's dissolution decree was erroneous with respect to issues involving the former husband's military pension, as such was subject to equitable distribution under Fla. Stat. § 61.075(5)(a)(4) (2004) and accordingly, could not be enforced by contempt; the wife was entitled to the portion of the pension that accrued during the marriage.
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| Peterson v. City of Winter Park, Case No. 5D05-213,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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