By Jacek Stramski In a narrow 4-3 decision, the Florida Supreme Court today held that a proposed ballot initiative that would legalize medical marijuana in the state addressed a single subject, and that the amendment title and summary were not
Court Adopts New Rules to Facilitate Coordination of Related Family Court Proceedings
By Jacek Stramski The Florida Supreme Court this week (SC12-2007 and SC12-2030) adopted several rule changes to the Rules of Judicial Administration and the Family Law Rules of Procedure in furtherance of its long-standing goal of establishing a “a fully
Recap of the First Week of 2014
By Jacek Stramski The Supreme Court finished off its first full week of 2014 with an expectedly light serving of opinions issued on January 9. In Johnson v. State (SC 12-1204), the Court unanimously denied the motion for post-conviction relief
Justice Delayed – Supreme Court Certifies Need for Additional Judges in Florida
By Jacek Stramski On December 19, 2013, the Florida Supreme Court fulfilled its constitutional duty under Article V, section 9 of the Florida Constitution, and issued its determination regarding the need for additional judges. In Re: Certification of Need for
Amendments to the Florida Rules of Judicial Administration Address E-Filing and Electronic Service of Pleadings
By Scott Kalish This past Thursday the Florida Supreme Court issued amendments to the Florida Rules of Judicial Administration, which have taken effect immediately. The amendments modified the rules governing the signature of attorneys and parties, service of pleadings and
Florida Supreme Court Recognizes Parental Rights of Same-Sex Couples Who Use Assisted Reproductive Technologies
By Jacek Stramski In a landmark 4-3 opinion relating to same-sex parental rights in Florida issued today in D.M.T. v. T.M.H. (SC12-261), the Supreme Court invalidated sections 742.13 and 742.14, Fla. Stat., to the extent that they do not protect
State Must Usually Test Seized Drugs Individually In Order to Charge Possession of Maximum Amount
By Scott Kalish Recently the Supreme Court of Florida released its opinion on Greenwade v. State (SC12-598), which involved the issue of “whether the trial court erred by denying…[defendant’s] motion for acquittal on [a] trafficking charge because the State had
Florida Supreme Court Rules on “Reasonable Suspicion” Standard for Investigatory Stops Against Suspected Firearm Carriers
By Herron Bond In Mackey v. State (SC12-573), the Florida Supreme Court considered the circumstances under which a police officer is permitted to conduct an investigatory stop based on a belief that someone is carrying a concealed firearm. The Court
Florida Supreme Court Affirms Right to Bond for Juveniles Charged with Non-homicide Life Felonies
By Herron Bond In Treacy v. Lamberti (SC12-647), the Florida Supreme Court considered whether a juvenile charged as an adult with attempted premeditated murder in the first degree is guaranteed a right to pretrial release under the Florida Constitution. The
Supreme Court Rules on the Validity of a Juror’s Recantation of Bias During Voir Dire
By Scott Kalish Last Thursday the Supreme Court decided Matarranz v. State of Florida, on appeal from the Third DCA, which centered on whether a trial court erred when it denied the defendant’s motion to strike a juror for cause