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January 24, 2008

Table of Contents

LATEST SUMMARIES

ATTORNEY'S FEES, CONTRACTS, INSURANCE LAW
• Continental Cas. Co. v. Ryan Inc. E.

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
• Schwab v. State of Florida

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
• James v. State of Florida

CRIMINAL LAW & PROCEDURE, PER CURIAM
• Johnson v. State of Florida
• Luton v. State of Florida

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LATEST SUMMARIES

ATTORNEY'S FEES, CONTRACTS, INSURANCE LAW
Continental Cas. Co. v. Ryan Inc. E., No. SC05-1935, SC05-1816
Florida Statutes section 627.428 authorizes an award of attorney's fees only to "the named or omnibus insured or named beneficiary" under an insurance policy and to other third parties who obtain coverage based on an assignment from an insured. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
Schwab v. State of Florida, No. SC07-2138
An order denying a second successive motion for post-conviction relief brought by a prisoner under sentence of death is affirmed over claims of error that: 1) newly discovered evidence of a doctor's clarification of his original testimony made defendant's death sentence fundamentally unreliable; and 2) newly discovered evidence of the Florida Department of Corrections training logs and the Florida Department of Law Enforcement (FDLE) mock execution training notes clearly revealed that Florida's lethal injection method violated the Eighth Amendment. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
James v. State of Florida, No. SC06-426
An order denying a motion for reappointment of Capital Collateral Regional Counsel (CCRC) and reinstatement of a motion to vacate a sentence of death is affirmed where the trial court properly denied reappointment of collateral counsel for petitioner to resume postconviction proceedings after he had discharged collateral counsel and dismissed postconviction proceedings more than two and a half years prior to his motion. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM
Johnson v. State of Florida, No. SC07-668
A petition for a writ of mandamus seeking relief from an allegedly illegal sentence is dismissed as unauthorized where petitioner was represented by court-appointed counsel in a pending appeal involving the same conviction and sentence. The rule announced in Logan v. State, 846 So. 2d 472 (Fla. 2003), applies to pro se filings in the Supreme Court of Florida by litigants represented by counsel in criminal proceedings pending in a district court of appeal. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM
Luton v. State of Florida, No. SC06-1800
The review proceeding at issue is dismissed as jurisdiction was improvidently granted. Read more...


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