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FLW Supplement Cases of Interest
CONGRESSIONAL REDISTRICTING. Circuit court judge Terry Lewis entered a Final Judgment finding certain aspects of the Legislature's 2012 congressional reapportionment map unconstitutional, approved a subsequently-enacted remedial map, but ruled that the 2014 elections would go forward under the originally-enacted map. Read more...
WORKERS' COMPENSATION. The Circuit Court ruled that Section 440.11, which grants employer immunity from tort claims by injured workers, is unconstitutional. Read more...
DRIVING UNDER INFLUENCE--REFUSAL TO SUBMIT TO BLOOD, BREATH OR URINE TEST. The constitutionality of section 316.1939 (2013) was challenged in light of the U.S. Supreme Court's holding in Missouri v. McNeely. County court judges upheld the constitutionality of the statute, but certified the question as being of great public importance. Read more here and here...
SAME-SEX MARRIAGE. Article I, Section 27, Florida Constitution, and Florida statutes limiting marriage to opposite-sex couples were held void and unenforceable as violative of Due Process and Equal Protection Clauses of the U.S. Constitution. Read more here, here, and here...
ESTATES. The non-resident surviving spouse of a same-sex marriage was entitled to appointment as personal representative of the deceased spouse's Florida ancillary estate, and provisions of Florida's Constitution and statutes prohibiting this appointment were held unconstitutional. Read more...
DRIVING UNDER INFLUENCE--BLOOD TEST. A warrantless, nonconsensual, nonexigent blood draw violates state and federal constitutions. Section 316.19033, which directs law enforcement to require a person to submit to a blood test by reasonable force if necessary without requiring the existence of an exigency is unconstitutional and cannot form the basis for applying the good faith exception to the exclusionary rule. Read more...
FLW Federal Cases of Interest
USE OF COMPUTER TO EXPLOIT MINOR. Defendant's use of cell phone to call and send text messages constitutes use of computer as defined in 18 U.S.C. section 1030(e)(1) and warrants sentencing enhancement applicable when defendant uses computer to entice minor to engage in sexually explicit conduct. Read more...
MARRIAGE--SAME SEX MARRIAGE. The right to marry is a fundamental right as that term is used in cases arising under the Fourteenth Amendment's Due Process and Equal Protection Clauses, and Florida's same-sex marriage provisions that ban entering same-sex marriages and prohibit recognition of same-sex marriages lawfully entered elsewhere, when reviewed under strict scrutiny, are unconstitutional. Read more...
EMINENT DOMAIN--TAKINGS. A hospital may not challenge, as an unconstitutional taking under the Fifth Amendment, the reimbursement rate for emergency services rendered to federal detainees codified in 18 U.S.C. § 4006(b)(1). Read more...
ALIENS--REMOVAL--APPEALS--EXHAUSTION OF ADMINISTRATIVE REMEDIES. An alien must contest her status as an aggravated felon in an expedited removal proceeding before raising the argument that she did not commit an aggravated felony before a federal court of appeals. Read more...