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Florida Supreme Court and District Courts of Appeal opinions, with headnotes and subject matter indexes
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The Week In Review
Headnotes of editor-selected opinions
filed during the week of December 10 - December 14, 2018
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RECENT RELEASES - FLORIDA SUPREME COURT

CRIMINAL LAW--SENTENCING--PRISON RELEASEE REOFFENDER. A defendant who commits a qualifying offense within three years of being released from county jail rather than from a state correctional facility operated by the Department of Corrections or a private vendor is not eligible for PRR sentencing.
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CRIMINAL LAW--DOUBLE JEOPARDY. In determining if multiple convictions of solicitation of a minor, unlawful use of a two-way communications device, and traveling after solicitation of a minor are based upon the same conduct for purposes of double jeopardy, the reviewing court should consider only the charging document, and not the entire evidentiary record.
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CRIMINAL LAW--EVIDENCE--STATEMENTS OF DEFENDANT--STATEMENTS SUBSEQUENT TO INVOCATION OF RIGHT TO COUNSEL. The correct standard to apply when evaluating circumstances where an accused has invoked his or her right to counsel or silence and then subsequently allegedly reinitated communication with officers is that set out in the Court's decision in Welch v. State, 992 So. 2d 206 (Fla. 2008), in which the Court held that "even when an accused has invoked the right to silence or right to counsel, if the accused initiates further conversation, is reminded of his rights, and knowingly and voluntarily waives those rights, any incriminating statements made during this conversation may be properly admitted."
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CRIMINAL LAW--FLORIDA'S HAZING STATUTE. The Court approved the District Court's express declaration that Florida's hazing statute is constitutionally valid, rejecting defendant's claims that the statute is overbroad in criminalizing protected speech and conduct and that the statute is void for vagueness.
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CRIMINAL LAW--STAND YOUR GROUND LAW--LAW ENFORCEMENT. A law enforcement officer who uses deadly force in the course of making a lawful arrest is eligible to assert Stand Your Ground immunity. The plain language of sections 776.012(1) and 776.032(1) unambiguously afford immunity to any "person" who acts in self-defense.
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