Florida Case Commentaries

Rule 3.851 Does Not Provide a Freestanding Right to Lethal-Injection Discovery; Execution-Protocol Records Require a Colorable Method-of-Execution Claim

Date: Apr 24, 2026

Rule 3.851 Does Not Provide a Freestanding Right to Lethal-Injection Discovery; Execution-Protocol Records Require a Colorable Method-of-Execution Claim I. Introduction In James Ernest Hitchcock v....

Florida Bar Rules: “Substance Use Disorder” and “Mental Health Conditions” Terminology Adopted in Lawyer Regulation, Confidentiality, Reinstatement, and CLE

Date: Apr 21, 2026

Florida Bar Rules: “Substance Use Disorder” and “Mental Health Conditions” Terminology Adopted in Lawyer Regulation, Confidentiality, Reinstatement, and CLE 1. Introduction In In Re: Amendments to...

Rule 3.852 Public-Records Discovery Requires a Colorable Postconviction Nexus (Pre- or Post-Warrant) and Is Reviewable Only as Rule 9.142(c) Nonfinal Discovery Review

Date: Apr 21, 2026

Rule 3.852 Public-Records Discovery Requires a Colorable Postconviction Nexus (Pre- or Post-Warrant) and Is Reviewable Only as Rule 9.142(c) Nonfinal Discovery Review Supreme Court of Florida (Per...

Direct Appeals Cannot Recast Ineffective Assistance as Fundamental Error; “Recommendation” Voir Dire Does Not Create a Caldwell Violation Under Florida’s 8-Juror Death Recommendation Statute

Date: Apr 20, 2026

Direct Appeals Cannot Recast Ineffective Assistance as Fundamental Error; “Recommendation” Voir Dire Does Not Create a Caldwell Violation Under Florida’s 8-Juror Death Recommendation Statute 1....

Florida Appellate Rules Align with the Florida Courts E-Filing Portal and Modernized Service/Certificate Requirements

Date: Apr 16, 2026

Florida Appellate Rules Align with the Florida Courts E-Filing Portal and Modernized Service/Certificate Requirements 1. Introduction In In Re: Amendments to Florida Rules of Appellate Procedure, No....

Florida Supreme Court Establishes Standalone “Avoid Unnecessary Client Expenses” Duty and Broadens Objection-Based Limits in Depositions and Discovery Under the Professionalism Expectations

Date: Mar 21, 2026

Florida Supreme Court Establishes Standalone “Avoid Unnecessary Client Expenses” Duty and Broadens Objection-Based Limits in Depositions and Discovery Under the Professionalism Expectations 1....

Rule 3.170(f) Does Not Permit Plea Withdrawal on Post-Appeal Resentencing Remand

Date: Mar 21, 2026

Rule 3.170(f) Does Not Permit Plea Withdrawal on Post-Appeal Resentencing Remand Case: Jeromee Saffold v. State of Florida (Fla. Mar. 19, 2026) (Grosshans, J.) Court: Supreme Court of Florida Core...

Florida Appellate Rules Harmonized with the Florida Courts E‑Filing Portal and Modernized Service/Formatting Requirements

Date: Mar 21, 2026

Florida Appellate Rules Harmonized with the Florida Courts E‑Filing Portal and Modernized Service/Formatting Requirements 1. Introduction In In Re: Amendments to Florida Rules of Appellate Procedure,...

Speculative Lethal-Injection Inventory Logs Do Not Create a Colorable Fourteenth Amendment Claim or Justify Warrant-Stage Rule 3.852 Discovery

Date: Mar 12, 2026

Speculative Lethal-Injection Inventory Logs Do Not Create a Colorable Fourteenth Amendment Claim or Justify Warrant-Stage Rule 3.852 Discovery I. Introduction Case: Michael L. King v. State of...

Hunt v. State: Florida’s 8–4 Death Recommendation Scheme Upheld; No Ex Post Facto Violation; Ramos Unanimity Inapplicable to Capital Recommendations

Date: Mar 7, 2026

Hunt v. State: Florida’s 8–4 Death Recommendation Scheme Upheld as Procedural (Not Ex Post Facto) and Ramos Unanimity Held Inapplicable to Capital Jury Recommendations 1. Introduction In Michael H....

Readily Available Claims Require Concrete “Good Cause” to Amend Capital Rule 3.851 Motions (and Untimely Juror-Interview Motions Require a Specific Justification)

Date: Feb 28, 2026

Readily Available Claims Require Concrete “Good Cause” to Amend Capital Rule 3.851 Motions (and Untimely Juror-Interview Motions Require a Specific Justification) I. Introduction In Raymond Bright v....

Florida Supreme Court Tightens Post-Warrant “Newly Discovered Evidence” Gatekeeping: Social-Media Juror Posts and Post-Warrant IQ Testing Do Not Restart Rule 3.851

Date: Feb 27, 2026

Florida Supreme Court Tightens Post-Warrant “Newly Discovered Evidence” Gatekeeping: Social-Media Juror Posts and Post-Warrant IQ Testing Do Not Restart Rule 3.851 Case: Billy Leon Kearse v. State of...

No Automatic Strickland Prejudice from Brief Prior-Death-Sentence Remark in Capital Resentencing

Date: Feb 22, 2026

No Automatic Strickland Prejudice from Brief Prior-Death-Sentence Remark in Capital Resentencing Case: State of Florida v. Leo Louis Kaczmar, III & Leo Louis Kaczmar, III v. Secretary, Department of...

Florida Bar Discipline Rule Amendments: Majority-Vote Governance, Oral Waiver of Rule 3-7.2 Deadlines, and Non-Readmission After Permanent Disbarment or Revocation Without Leave

Date: Feb 15, 2026

Florida Bar Discipline Rule Amendments: Majority-Vote Governance, Oral Waiver of Rule 3-7.2 Deadlines, and Non-Readmission After Permanent Disbarment or Revocation Without Leave 1. Introduction In In...

Heath (Fla. 2026): Speculative Lethal-Injection Maladministration Allegations and “Fishing-Expedition” Post-Warrant Records Requests Do Not Warrant Relief

Date: Feb 5, 2026

Heath (Fla. 2026): Speculative Lethal-Injection Maladministration Allegations and “Fishing-Expedition” Post-Warrant Records Requests Do Not Warrant Relief I. Introduction In Ronald Palmer Heath v....

Florida Civil Procedure: Waiver-of-Service Requests May Be Sent by Statutory “Registered Mail,” and Jury Trial Demands Must Be Filed

Date: Jan 16, 2026

Florida Civil Procedure: Waiver-of-Service Requests May Be Sent by Statutory “Registered Mail,” and Jury Trial Demands Must Be Filed 1. Introduction In In Re: Amendments to Florida Rules of Civil...

Florida Ends ABA Exclusivity in Bar-Exam Eligibility: “Accredited Law School” Includes DOE-Recognized Programmatic Accreditors and Court-Approved Institutional Accreditors

Date: Jan 16, 2026

Florida Ends ABA Exclusivity in Bar-Exam Eligibility: “Accredited Law School” Includes DOE-Recognized Programmatic Accreditors and Court-Approved Institutional Accreditors Introduction In In Re:...

Implied Consent Implies Implied Extraterritorial Authority for the Arresting Municipal Officer to Request a Breath Test

Date: Jan 2, 2026

Implied Consent Implies Implied Extraterritorial Authority for the Arresting Municipal Officer to Request a Breath Test I. Introduction State of Florida v. Bryan Allen Repple (Fla. Dec. 30, 2025)...

Section 742.14 Applies Only When Assisted Reproductive Technology Is Used: No Automatic Paternal Relinquishment for At-Home Insemination

Date: Dec 31, 2025

Section 742.14 Applies Only When Assisted Reproductive Technology Is Used: No Automatic Paternal Relinquishment for At-Home Insemination Case: Ashley Nicole Isabel Brito v. Jennifer Salas & Angel...

McCoy Limited in Florida: Counsel May Concede a Lesser Homicide When the Defendant Admits the Acts and Does Not Clearly Object

Date: Dec 31, 2025

McCoy Limited in Florida: Counsel May Concede a Lesser Homicide When the Defendant Admits the Acts and Does Not Clearly Object I. Introduction Case: James Terry Colley, Jr. v. State of Florida and...