Gordon Murray, PA * * * * * * *

Criminal Law*

Florida Supreme Court

Opinion filed November 13, 2008

State v. Pearce, SC07-201

Pearce was convicted of murder and attempted murder and sentenced to death.  Pearce filed a postconviction motion claiming ineffective assistance of counsel in both the guilt and penalty phases of his trial.

Following an evidentary hearing, the trial court issued an order granting relief, "concluding that Pearce satisfied the standards in Strickland v. Washington, 466 U.S. 668 (1984).  The State appealed.

The Court concluded that Pearce has not shown prejudice in the guilt phases, but held that substanial evidence supported "the trial court's finding that counsel did not spend sufficient time to prepare for mitigration in the penalty phase. 

The Court remanded for a new sentencing proceeding.

Third District Court of Appeal

Opinion filed November 12, 2008

Hernandez v. State, 3D07-715

Informant's statement was properly not suppressed; he was not an agent for the state and there was no evidence to establish that law enforcement directed to him to obtain information from defendant.

*These are not legal opinions.  Please read entire statutes or case law. 

source:  myfloridalegal.com

Family Law*

SB 1474 Marital Assets/Distribution

Effective July 1, 2008

This Bill amends s.61.075 and s. 741.0306

This bill provides for the interim partial distribution of marital assets and liabilities during the pemdency of the dissolution action.

This bill provides that all real personal property titled jointly by the parties as tenants by the entireties is presumed to ne a marital assets

This bill abolished special equity claims

HB 7073 Child Support Enforcement

Effective upon becoming law.

This bill amends s. 61.14 FS., to require that child support payments are to be applied first to the current child support due, then to any past-due amount, and finally to the interest due on the support judgment.

SB 2532 Child Custody and Support

Effective October 1, 2008

This bill amends s. 61. replacing references made throughout the chapter to "custody," "primary residential parent," "primary residence," and "visitation" with the concepts of parenting plans and time sharing.  The bill strikes the terms, and the associated definitations of "custodial parent" and non custodial parent".

*These are not legal opinions.  Please read entire statutes or case law.

source: www.leg.state.fl.us

Others*

Fourth District Court of Appeal

Opinion filed November 12, 2008

Williams v. State, 4D07-3497

Handcuffing defendant during temporary detention constitute a seizure in violation of the Fourth Amendment.

Fifth Distirct Court of Appeal

Opinion filed November 14, 2008

State v. Burgos, 5D08-1311

The court erred; police had probable cause to seize the gun when defendant, during a consensual encounter, admitted to carrying a concealed weapon.

Distinguished Baptiste v. State, 33 Fla.L.Weekley S662 (Fla. Sept. 18, 2008)

Fifth District Court of Appeal

Opinion filed November 14, 2008

Trial court erred; motion to discharge should have been granted as right to speedy trial was violated.

Cited Bulgin v. State, 912 So.2d 307, 308 (Fla. 2005).

*These are not legal opinions.  Please read entire statutes or case law.

source: myfloridalegal.com