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State Courts -
Florida - March 20, 2009
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Bolin v. State, Case No. 2D05-5365,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 20, 2009, Opinion Filed
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Overview: Trial court committed fundamental reversible error when it gave culpable negligence voluntary manslaughter instruction as a lesser included offense of first-degree murder; based on the facts of the case, which included fact victim was stabbed eight times, under the § 782.07, Fla. Stat., instruction should have been on voluntary manslaughter by act.
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Citrus County v. Halls River Dev., Inc., Case No. 5D08-975,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 20, 2009, Opinion Filed
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Overview: Trial court erred in finding county had "inordinately burdened" development company's real property, as that term was used in the Harris Act, § 70.001, Fla. Stat.; ordinance that county adopted after development company bought property and attempted to develop it did not have that effect because ordinance exempted that property from its operation.
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