Thu, 24 Jun 2010 20:00:02 PDT
(Fla., Criminal Law & Procedure) Convictions for two first degree murder of his wife and step-daughter and sentence to death are reversed and remanded as the trial court committed reversible error by determining that defendant's motion to proceed pro se was equivocal.
(Fla., Civil Procedure, Labor & Employment Law, Workers' Compensation) In plaintiff's wrongful termination suit against her former employer, Fifth District's reversal of trial court's grant of defendant's motion for summary judgment is affirmed as workers' compensation retaliation claims brought against the state under section 440.205 are not subject to the presuit notice requirements of section 768.28(6)
(Fla., Ethics & Disciplinary Code, Ethics & Professional Responsibility) In Florida Bar's complaint against an attorney in connection to his alleged misconduct during the deposition of a representative of DuPont, referee's findings of fact and recommendations as to guilt are affirmed, as well as the mitigating factors and the aggravating factors found by the referee, but the referee's alternative recommendations of disbarment or a two-year suspension with respect to discipline are disapproved, and instead a public reprimand and a suspension of sixty days followed by two years' probation is imposed.
(Fla., Consumer Protection Law, Corporation & Enterprise Law, Criminal Law & Procedure, Judgment Enforcement) An order to partially satisfy a judgment against defendant in the FTC's suit for unfair or deceptive trade practices is affirmed as Florida law permits a court to order a judgment debtor to surrender all right, title, and interest in the debtor's single-member limited liability company to satisfy an outstanding judgment.
Thu, 10 Jun 2010 20:00:02 PDT
(Fla., Ethics & Disciplinary Code, Ethics & Professional Responsibility) In Florida Bar's complaint against an attorney, arising from the attorney's representation of a client-firm against the Commodity Futures Trading Commission, a referee's report recommending the attorney be guilty of professional misconduct and suspended from the practice of law for eighteen months is affirmed in part and vacated in part where: 1) the referee's findings more than amply support the recommendations of guilt as to the conflict-of-interest claims as well as to claims of misrepresentation; and 2) referee's sanction recommendation is vacated and instead a three-year suspension is imposed.
(Fla., Ethics & Disciplinary Code, Ethics & Professional Responsibility, Property Law & Real Estate) In the Florida Bar's complaint against an attorney, arising from events in the course of acting as attorney and closing agent in a real estate transaction, the matter is remanded to the referee for a recommendation as to the appropriate discipline as the attorney violated Florida Bar 4-5.3(b) by allowing a nonlawyer, whom she neither employed, supervised, nor controlled, to have signatory authority over an escrow account she opened to handle real estate closings, resulting in misappropriation by that nonlawyer of funds held in trust in the escrow account.
Thu, 3 Jun 2010 20:00:02 PDT
(Fla., Criminal Law & Procedure) The decision of the Fourth District Court of Appeal in Blair v. State is approved and the Fifth District's contrary holding disapproved as pretrial detention may not be ordered based on a failure to appear unless the court finds that the failure to appear was willful, and here, the record is devoid of evidence to suggest that defendant willfully failed to appear and the trial court did not find the failure to appear to be willful.
(Fla., Criminal Law & Procedure, Evidence, Per Curiam, Sentencing) Defendant's convictions for first degree murder, attempted first-degree murder, burglary and attempted robbery and a death sentence are affirmed in its entirety as, inter alia: 1) the trial court did not abuse its discretion in excusing a prospective juror for cause; 2) the trial court did not err when it instructed the jury that it could consider the avoid arrest aggravating circumstance; 3) the trial court properly denied a motion to suppress because defendant was fully informed of his right to have counsel appointed; and 4) defendant's claim that Apprendi requires that a unanimous twelve-person jury make the findings of fact to determine eligibility for the death penalty is rejected.
(Fla., Criminal Law & Procedure, Evidence, Per Curiam, Sentencing) Defendant's conviction for first-degree murder and sentence of death are affirmed as none of defendant's claims, including claims that the trial court erred in denying a cause challenge to a prospective juror and in allowing the state to strike two African-American prospective jurors, warrant relief.
Thu, 13 May 2010 20:00:01 PDT
(Fla., Criminal Law & Procedure, Evidence, Per Curiam, Sentencing) Conviction of defendant for first degree murder and imposition of a sentence of death are affirmed and defendant's various claims rejected, including his challenges to the jury instructions, sufficiency of evidence to support his conviction, and his claim that the death sentence is not proportionate.
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