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.
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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.
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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.
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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.
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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.
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