Charles E. Miner

In Byrd v. State, the petitioner sought a writ of certiorari after the trial court denied her motion to dismiss criminal charges without prejudice under a Florida statute allowing dismissal for defendants incompetent due to mental retardation. The District Court of Appeal denied the petition, holding that Florida Rule of Criminal Procedure 3.213(a) takes precedence over the statute and requires denial of the motion. The court reasoned that while the rule applies uniformly, the legislature intended different treatment for incompetence caused by mental illness versus mental retardation or autism, and suggested the Florida Supreme Court consider amending the rule accordingly.

criminal lawprocedure

The case concerned a challenge by Gtech to a contract for on-line lottery services awarded by the Florida Department of Lottery to Automated Wagering International (AWI) following a competitive request for proposals process in which Gtech and AWI were the only bidders. After Gtech was eliminated, the Lottery negotiated and entered a contract with AWI that altered or omitted material terms from AWI's original proposal, including price-related provisions. The trial court granted summary judgment to Gtech, declaring the contract null and void and enjoining its performance on the ground that the changes violated competitive bidding requirements designed to prevent favoritism. The appellate court affirmed, holding that the post-award negotiations improperly favored AWI over the terms of its winning proposal.

business & regulatoryprocedure

The case involved Glendell Russ, a Quincy city commissioner, who was charged with official misconduct and petit theft after using a city discretionary fund check to buy toys at Toys-R-Us, pocketing $100 cash from a shopper and purchasing some items for a non-resident while claiming the funds were for local needy children. The jury convicted him on both counts, but the trial court granted a judgment of acquittal on the official misconduct charge, concluding that negotiating the check did not constitute falsifying an official record under section 839.25, Florida Statutes. On appeal by the State, the District Court of Appeal reversed the acquittal, holding that the statute's prohibition on knowingly falsifying an official document encompasses misrepresentations made through the use of the check, such as submitting it to falsely indicate authorized purchases for the city's benefit. The court affirmed Russ's cross-appeal of the theft conviction without discussion.

criminal lawprocedure

The case involved psychologist Glenn Caddy, who was sanctioned by the Florida Board of Psychology for entering into a sexual relationship with a former client nearly a year after completing a one-month forensic assessment in a custody matter. The Board applied an administrative rule defining sexual misconduct and deeming the psychologist-client relationship to continue in perpetuity, leading to a one-year license suspension and probation. Caddy challenged the rule's constitutionality on appeal, arguing it violated privacy rights under Article I, Section 23 of the Florida Constitution by imposing an absolute ban without exceptions or a showing of compelling state interest using the least intrusive means. The court reversed the sanctions, striking the perpetuity provision from the rule as facially unconstitutional and directing the Board to rescind all penalties.

healthcarecivil rightsprocedure

In Wilson v. State, a mother was charged with aggravated child abuse after slapping her six-year-old son once across the face with an open hand during an attempt to discipline him for a temper tantrum, resulting in a red mark but no serious injury. She filed a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), arguing that the facts did not establish a prima facie case because her action constituted privileged nonexcessive corporal punishment by a parent. The trial court reduced the charge to felony child abuse under section 827.03(1)(b) but denied the motion as to that charge, after which she pled no contest while reserving the right to appeal. The District Court of Appeal of Florida, First District, reversed the conviction, holding that the undisputed facts established a privileged battery exempt from prosecution under the felony child abuse statute, with the distinction from criminal conduct lying in the malice required for aggravated child abuse.

criminal lawfamily law

This case involved Danny Rolling, a convicted murderer on death row, and Sondra London challenging a lien imposed on proceeds from Rolling's personal property, including a book recounting his crimes, under Florida statutes providing for restitution to victims and the state. The trial court found that the property's value derived from the crimes and that London was marketing it on Rolling's behalf through their relationship and contracts, and it imposed the lien. The appellate court affirmed the order, holding that the lien could be upheld solely under sections 960.29-.297 without needing to consider the constitutionality of section 944.512, as the evidence supported that London received benefits on Rolling's behalf and the statutes cover such proceeds and transfers. The court noted that Rolling could not avoid the lien by assigning rights to London.

criminal lawproperty