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TFB - Daily News Summary - May 3, 2018

Thursday, May 3, 2018  

THE FLORIDA BAR

Daily News Summary

An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department and distributed to the Board of Governors, section and committee chairs, voluntary bar presidents, members of the judiciary and others.

 

May 3, 2018

Civil Justice Issues

OPIOID CRISES WEIGHS ON GUARDIAN AD LITEM PROGRAM

Tallahassee Democrat | Column | May 01, 2018

Sara Urban, the volunteer recruiter for the 2nd Judicial Circuit Guardian ad Litem Program, writes: “Each day a child is a victim of abuse or neglect. . . . According to the National Court Appointed Special Advocate Association, neglect is responsible for more than 61 percent of children who are removed from their parent’s care and placed in the child welfare system. A major cause of neglect is parental substance abuse issues.”

 

Civil Justice Issues

APPEALS COURT AGREES TO HALT MEDICAL MARIJUANA SUIT

Politico Florida | Article | May 01, 2018

A state appellate court ruled Tuesday [May 1] that the state’s appeal of a lower court judge’s decision should be heard before a Tampa man with cancer is allowed to grow his own medical marijuana. The 1st District Court of Appeal handed down an order that reversed a decision by Leon County Circuit Court Judge Karen Gievers vacating the delay automatically given to someone who appeals a lower court ruling. The appellate panel was not convinced Joe Redner could prove the amendment included the unfettered right to grow marijuana.

 

Criminal Justice Issues

FACEBOOK NO FRIEND IN FLORIDA CARJACKING CASE

Bradenton Herald | Article | May 02, 2018

Memo to criminals: You might want to think twice about what you post to Facebook. That’s one of the lessons from an appeals-court ruling Wednesday [May 2] in a carjacking case in which police discovered a Facebook video that showed a defendant driving the victim’s car and wearing the victim’s stolen watch. The ruling by a panel of the 4th District Court of Appeal, which upheld grand-theft convictions of defendant Arkheem J. Lamb, detailed a series of legal issues in the case — including issues that could come up in other cases amid ubiquitous social-media posting.

 

Legal Discipline

SEC CHARGES FLORIDA ATTORNEY WITH INVESTMENT FRAUD

Daily Business Review | Article | May 01, 2018

The Securities and Exchange Commission has filed a civil injunctive action against a Florida lawyer accused of investor fraud. The federal agency alleged that attorney Diane J. Harrison and her husband, Michael J. Daniels, manipulated share prices to inflate the public market value of stock they controlled. Harrison is a business lawyer licensed to practice in Florida and Nevada. The Florida Bar has opened a file on the case.

 

Legal Discipline

2 PROMINENT LAWYERS ENSNARED BY FLORIDA’S ‘HOT POTATO DOCTRINE’ ARE SUSPENDED FOR CONFLICTS

ABA Journal | Article | May 01, 2018

The Florida Supreme Court has suspended two prominent lawyers 30 days each for seeking a payout for their clients from a scientific institute created in a class action tobacco settlement despite objections from some of the people they represented. The court suspended Philip Gerson and co-counsel Steven Hunter in an April 11 order. The ethics case involves Florida’s “hot potato doctrine,” established in a 2014 Florida Supreme Court case involving Gerson and Hunter. The court said in the 2014 case that a lawyer who faces a conflict between two current clients can’t avoid current-client conflict rules by dropping one client “like a hot potato.”

 

Criminal Justice Issues

CUTS TO PRISON DRUG PROGRAMS DRAW CRITICISM

WLRN | Article | May 03, 2018

As Florida continues to deal with an opioid crisis, state corrections officials are moving ahead on a plan to cut substance-abuse services to make up a shortfall in health-care funding for the prison system. The state Department of Corrections announced the plan Tuesday [May 1], saying services had to be cut to shift money to the health care program, where there is a $55 million shortfall.

 

Criminal Justice Issues

WITH JACKSONVILLE COURTROOM DAYS OVER, TOUGH PROSECUTOR NEVER SHIED FROM DEATH PENALTY

Florida Times-Union | Article | May 01, 2018

On his last day of work, 61-year-old Bernie de la Rionda, a man considered to be one of the nation’s toughest prosecutors, reflected on a tally sheet that he has saved, showing that 44 of the 97 homicide cases he tried in court sought the death penalty. De la Rionda stands by his convictions — 31 of the 44 came back with verdicts in favor of death — and says he’s always remained focused on how heinous the deaths were and what the victims went through.

 

Criminal Justice Issues

MAN GETS PROBATION FOR THREATENING WITNESS IN PALM BEACH COURTROOM

Palm Beach Post | Article | May 01, 2018

A Port St. Lucie man who threatened the life of a robbery victim while she was in a Palm Beach County courtroom testifying against his son has pleaded guilty to two counts of assault, according to court records. Peter Cartier, 52, was sentenced Tuesday [May 1] to six months of probation and two days of jail time. Cartier also was ordered to write a letter of apology to the victim and then maintain no contact with her, and to pay $1,015 in court costs.

 

Judiciary

CANDIDATES SOUGHT FOR 4TH JUDICIAL CIRCUIT SEAT

Jacksonville Daily Record | Article | May 02, 2018

Gov. Rick Scott has directed the 4th Judicial Circuit Judicial Nominating Commission to convene to select candidates to fill the vacancy created by the resignation of Circuit Judge Robert Foster in Nassau County. Commission Chair Patrick Kilbane said that 5 p.m. May 23 is the deadline for attorneys to apply for consideration.

 

Other

AAA STUDY: HIT-AND-RUN DEATHS ON THE RISE IN FL

Public News Service | Article | May 02, 2018

Florida is part of a growing trend of deadly hit-and-run accidents across the country, according to research from the AAA Foundation for Traffic Safety. Florida’s heavy influx of tourists in major cities such as Orlando and Miami has made it the third-worst state for hit-and-run accidents. Others in the top three are Louisiana and New Mexico.

 

Civil Justice Issues

SUIT ARGUES ANIMALS HAVE THE RIGHT TO SUE THEIR ABUSERS

ABA Journal | Article | May 02, 2018

A horse named Justice is entitled to recover the costs of his medical care and damages for pain and suffering from his alleged abuser, according to a negligence suit filed on Tuesday [May 1] in Oregon. The Animal Legal Defense Fund filed the lawsuit in state court. The suit says the Oregon Legislature has declared animals “are sentient beings capable of experiencing pain, stress and fear.” As sentient beings, animals are the intended beneficiaries of Oregon welfare laws, and are victims when the laws are violated, the suit says.

 


more Calendar

10/23/2018
Appellate & Real Property Sections Meeting

10/27/2018
SCD Make A Difference Day 2018

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