Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
December 3 - December 7, 2018

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Driver's license suspension -- Formal review hearing -- Where circuit court granted writ of certiorari, quashed hearing officer's order upholding license suspension, and remanded to Department of Highway Safety and Motor Vehicles, there was no requirement that a second formal review hearing be scheduled within 30 days after remand where licensee did not request a second formal review hearing -- Licensee was not entitled to have his license suspension invalidated on ground that formal review hearing was not scheduled within 30 days after remand -- Circuit court erred in upholding license suspension after second review hearing where licensee and his counsel failed to appear because they did not receive notice of hearing -- Proper remedy is remand, not quashal of license suspension -- Fact that license suspension expired during appellate review process does not require quashal of suspension
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Municipal corporations -- Injunctions -- Zoning -- Short-term vacation rental ban -- Temporary injunction enjoining city from enforcing any ban on or from instituting or enforcing vacation rental ban is overbroad -- Injunction enjoining city from requiring speakers at public hearings to give their names and addresses is overbroad
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Rules of Appellate Procedure -- Amendment -- Appeal proceedings in juvenile dependency and termination of parental rights cases and cases involving families and children in need of services -- Briefs
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Rules of Juvenile Procedure -- Amendment
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Standard jury instructions -- Contract and business cases -- Amendment
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Criminal law -- Murder -- Death penalty -- Post conviction relief -- Defendant is not entitled to relief on claim that a defendant who is convicted of first-degree murder has a substantive right to a life sentence unless a unanimous jury finds all the elements of “capital first-degree murder,” which defendant defines as murder plus the elements the jury is required to find unanimously under revised section 921.141, Florida Statutes -- Hurst penalty phase findings are not elements of the capital felony of first-degree murder, but are findings required of a jury before the court can impose the death penalty for first-degree murder only after a conviction for first-degree murder has occurred -- Death penalty is not precluded by fact that defendant was eighteen years old at time of murder -- Defendant is not entitled to relief on claim that newly discovered evidence reveals an emerging consensus in the scientific community that young adults are developmentally akin to juveniles
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Criminal law -- Second degree murder -- Evidence -- Hearsay -- Exceptions -- Excited utterance -- Trial court reversibly erred when it sustained state's hearsay objection to testimony of a witness who heard defendant's alleged excited utterance less than a minute after altercation with victim, which testimony corroborated defendant's recitation of the alleged utterance and supported defendant's claim of self-defense -- Mere fact that statements at issue were self-serving is not, in and of itself, sufficient basis for excluding statements from evidence -- Sufficient evidence existed to qualify statement to witness as excited utterance
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