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FLW Supplement Cases of Interest
DRIVER'S LICENSE SUSPENSION--DRIVING WITH UNLAWFUL ALCOHOL LEVEL--HEARING--FAILURE OF SUBPOENAED WITNESS TO APPEAR. The circuit court, in its review capacity, held that Section 322.2615(11), Fla. Stat. (2013), which requires invalidation of an administrative driver's license suspension if the arresting officer or the breath technician fails to appear pursuant to a subpoena, constitutes a procedural or remedial provision and applies retroactively. HENRIQUEZ v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. Read more...
CRIMINAL LAW--DUI MANSLAUGHTER--EVIDENCE--BLOOD TEST. The U.S. Supreme Court's decision in Missouri v. McNeely, in which the Court held that in drunk-driving investigations, the natural dissipation of alcohol in the blood stream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant, does not invalidate Florida's implied consent law. Read more...
INSURANCE--PERSONAL INJURY PROTECTION--DISCOVERY. The county court ruled that an adjuster's notes in an insurer's claims file that were revealed on in camera inspection to be relevant to the issue of coverage and the extent of damages and to be part of the ordinary claims process, not work product, were not privileged. The court certified a question whether the court may require production of these non-work product adjuster notes as an exception to the general rule that an insurer's "claims file" is not discoverable until the coverage issue has been resolved. 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...