Table of ContentsLATEST SUMMARIESAsset Forfeiture, Civil Procedure, Criminal Law & Procedure, Property Law & Real Estate
• Gomez v. Village of Pinecrest
Criminal Law & Procedure, Evidence
• Caldwell v. State of Florida
Criminal Law & Procedure, Habeas Corpus, Sentencing
• Seibert v. State of Florida
Ethics & Disciplinary Code, Ethics & Professional Responsibility, Sanctions
• Florida Bar v. Shankman
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LATEST SUMMARIESAsset Forfeiture, Civil Procedure, Criminal Law & Procedure, Property Law & Real Estate
Gomez v. Village of Pinecrest
In forfeiture proceeding against a property owner, claiming that the property was being used for criminal activity by the property owner's leaseholders, Third District's decision in Gomez is approved and the First and Fifth Districts' decisions in Forfeiture of 1993 Lexus and Baggett are disapproved as, based on the plain and unambiguous language of the Florida Contraband Forfeiture Act, the seizing agency is not required to establish the owner's actual or constructive knowledge at the seizure stage. Rather, at the seizure stage, the agency is required to establish only that there is probably cause to believe that the property was being employed or likely to be employed in criminal activity, and establishing the owner's actual or constructive knowledge is not required until the forfeiture stage. Read more...Criminal Law & Procedure, Evidence
Caldwell v. State of Florida
In defendant's prosecution for felony burglary and other crimes, trial court's denial of motion to suppress is affirmed where: 1) based on the totality of the circumstances, a reasonable person in defendant's position would have understood that he was free to remain silent or end the encounter had he chosen to do so; and 2) Miranda warnings do not result in a seizure as a matter of law as, although there is a possibility that Miranda warnings may increase the coercive atmosphere of a police-citizen encounter outside the context of a custodial interrogation, the warning did not result in a seizure in this case. Read more...
Criminal Law & Procedure, Habeas Corpus, Sentencing
Seibert v. State of Florida
Circuit court's denial of defendant's postconviction motion to vacate his conviction for first-degree murder and sentence of death is affirmed and his request for habeas relief denied over various claims involving: 1) ineffective assistance of counsel during both the guilt and penalty phases; 2) the constitutionality of Florida's lethal injection procedure; 3) district court's error in denying his claim that he was denied access to public records; and 4) jury bias. In its cross-appeal, the state's claim that the postconviction court erred in requiring the state to produce certain records with respect to the state's lethal injection protocols is rejected. Read more...Ethics & Disciplinary Code, Ethics & Professional Responsibility, Sanctions
Florida Bar v. Shankman
In a complaint filed by the Florida Bar against an attorney in connection with his representation of a seventeen year old client, the referee's recommendations as to guilt and discipline are approved in part and disapproved in part where: 1) referee's finding that the attorney's fee was excessive is disapproved; 2) referee's finding that the attorney failed both to provide competent representation to the client and to fully explain certain matters reasonably necessary for the client to make informed decisions is supported by competent, substantial evidence; 3) referee's finding of violation of conflict of interest and conduct prejudicial to the administration of justice is approved; 4) the referee erred as a matter of law when he required the Bar to establish dishonesty, misrepresentation, fraud, or deceit in order to prove intent; and 5) referee's recommendation of a 90-day suspension is rejected and instead a six-month suspension is found to be the appropriate sanction. Read more...
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