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Supreme Court of Florida - December 2008 Opinion Summaries

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Description Date Docket #
State of Florida v. Kelly
Supreme Court of Florida
Criminal Law & Procedure, Sentencing 
Article I, section 16 of the Florida Constitution prevents the state from using uncounseled misdemeanor convictions to increase or enhance a... 		12/30/2008 SC07-95
Nowell v. State of Florida
Supreme Court of Florida
Criminal Law & Procedure, Habeas Corpus, Sentencing 
Death row inmate's conviction and sentence are reversed and remanded where the trial court erred by: 1) allowing the State's peremptory strike of an... 		12/30/2008 SC06-276
In re: Amendments to Florida Rule of Criminal Procedure 3.851 & Florida Rule of Appellate Procedure 9.142
Supreme Court of Florida
Criminal Law & Procedure 
Belated appeals from denial of post-conviction relief in capital cases are permitted, where the petitioner timely requested counsel to appeal the... 		12/30/2008 SC08-1833
Jimenez v. State of Florida
Supreme Court of Florida
Criminal Law & Procedure, Evidence, Sentencing 
A conviction for both first degree murder and burglary with an assault and battery in an occupied dwelling and a sentence to death, as well as denial... 		12/23/2008 SC05-2373
Smith v. State of Florida
Supreme Court of Florida
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing 
In an appeal of a conviction for murder of a correctional officer, the conviction and death sentence are affirmed where: 1) appellant's claims of... 		12/23/2008 SC06-1903
Benjamin v. Tandem Healthcare, Inc.
Supreme Court of Florida
Consumer Protection Law, Health Law 
"Nursing homes" or "skilled nursing facilities" do not fall within the definition of "health care facility" or "health care provider" as contemplated... 		12/23/2008 SC07-2423
Inquiry Concerning a Judge, No. 06-249 Re: Allen
Supreme Court of Florida
Ethics & Disciplinary Code, Ethics & Professional Responsibility 
Recommendation of public reprimand for a judge in the First District Court of Appeal is approved. The judge was properly found to have violated the... 		12/23/2008 SC07-774
Davis v. State of Florida
Supreme Court of Florida
Criminal Law & Procedure, Sentencing 
Death sentence affirmed. Trial court did not err in allowing the prosecutor to argue that the murder was cold, calculated and premeditated where,... 		12/23/2008 SC06-1868
Phantom of Brevard, Inc. v. Brevard County
Supreme Court of Florida
Government Law  (Industry: Retail)
In a county ordinance regulating sales of fireworks, a provision requiring $1,000,000 single limit liability insurance does not conflict with Florida... 		12/23/2008 SC07-2200, SC07-2201
Sanders v. City of Orlando
Supreme Court of Florida
Civil Procedure, Labor & Employment Law, Workers' Compensation  (Industry: Retail)
In a workers' compensation case, reversal of vacatur of a prior settlement agreement by a Judge of Compensation Claims (JCC) is quashed where a 2001... 		12/23/2008 SC06-847

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