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Florida Supreme Court and District Courts of Appeal opinions, with headnotes and subject matter indexes
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filed during the week of October 1 - October 5, 2018
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RECENT RELEASES - FLORIDA SUPREME COURT

CRIMINAL LAW--SPEEDY TRIAL--RECAPTURE PERIOD. The state was not entitled to the speedy trial recapture period discussed in rule 3.191 where the state led the defendant to believe that it terminated its prosecutorial efforts but subsequently filed an information with new and different charges based on the same conduct prior to the expiration of the speedy trial period without notifying the defendant until after the speedy trial period had expired.
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EVIDENCE CODE--EXPERT TESTIMONY--NEW OR NOVEL SCIENTIFIC EVIDENCE. An amendment to section 90.702 by which the Legislature sought to adopt the Daubert standard and cease the application of Frye to expert testimony unconstitutionally infringed upon the Court's power to set procedural rules. "We recognize that Frye and Daubert are competing methods for a trial judge to determine the reliability of expert testimony before allowing it to be admitted into evidence. Both purport to provide a trial judge with the tools necessary to ensure that only reliable evidence is presented to the jury. Frye relies on the scientific community to determine reliability whereas Daubert relies on the scientific savvy of trial judges to determine the significance of the methodology used. With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts."
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CONSTITUTIONAL AMENDMENTS. In separate cases, the Court reviewed rulings by the circuit court which enjoined the Secretary of State from placing on the ballot for the November general election certain revisions to the Florida Constitution proposed by the Constitution Revision Commission, upholding the circuit court's decision in one case and reversing the lower court in a second case.
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