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FLW Supplement Cases of Interest
LANDLORD-TENANT--EVICTION--ATTORNEY'S FEES--FORECLOSED PROPERTY. Tenants who were leasing foreclosed property were not entitled to attorney's fees for prevailing on their emergency motion to quash a writ of possession based on the Protecting Tenants at Foreclosure Act or under section 83.48. Read more...
DEPENDENT CHILDREN--RELATIVE CAREGIVER PROGRAM. The Department of Children and Family Services may not cease paying relative caregiver funds to otherwise eligible candidates simply because a parent has been allowed to reside in their home, so long as the relative custodian continues to care full-time for the child in the role of a substitute parent. Read more...
CRIMINAL LAW--POSSESSION OF CANNABIS--MEDICAL MARIJUANA. The fact that a defendant possessed a medical marijuana verification card issued by California pursuant to the California Compassionate Use Act does not preclude prosecution for possession of marijuana under Florida law. Read more...
FLW Federal Cases of Interest
EQUAL PROTECTION. Voters of a state may determine whether a policy of race-based preferences by state and other governmental entities should be continued. Read more...
CRIMINAL LAW--SEARCH AND SEIZURE--VEHICLE STOP. The traffic stop of a pickup truck matching the description of a vehicle that a 911 caller had recently reported as having run her off the road complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the truck's driver was intoxicated. Read more...
CRIMINAL LAW--HABEAS CORPUS--JURY INSTRUCTIONS--SILENCE OF DEFENDANT. The Circuit Court erred in granting a death row inmate's motion for writ of habeas corpus on his claim that the trial court's refusal to issue a non-adverse-inference instruction at the penalty phase violated his Fifth Amendment privilege against self-incrimination, because the state supreme court's rejection of the claim was not objectively unreasonable, and was not beyond any possibility for fairminded disagreement. Read more...
CRIMINAL LAW--SENTENCING--RESTITUTION. Applying the causation requirements of 18 U.S.C. §2259 in determining the amount of restitution a possessor of child pornography must pay to the victim whose childhood abuse appears in the pornographic materials possessed and trafficked on the Internet, victims should be compensated and defendants should be held to account for the impact of their conduct on those victims, but defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others. Read more...