Paralegal Appeals

06/06/2023

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06/06/2023

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06/06/2023

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06/06/2023

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02/17/2020

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08/06/2017

11/29/2016

Does Florida Still Have a Death Penalty?
Recent rulings by the Florida Supreme Court seem to be eliminating the death penalty in Florida absent legislative action.
Last month, the Florida Supreme Court high court ruled in Hurst v. State (SC No. 121947), upon remand from the United States Supreme Court, that juries must unanimously agree to a death sentence before a judge could impose it. The ruling negated a law passed earlier this year requiring at least a 10-2 vote. Now Florida has a death penalty but no legal way to sentence someone to it, at least until the legislature passes a new law that survives future legal challenges.
In the Hurst decision the Florida Supreme Court remanded for a new sentencing hearing. But there are 379 men and four women sitting on death row. Is it possible to grant new sentencing hearings for all of these inmates? The burden of picking new juries and finding witnesses from cases that are 10, 20 years old and older would be a daunting task to say the least.

10/02/2016

In a landmark ruling, the New York Court of Appeals has revised the legal definition of “parent”. http://paralegalappeals.com/blog.htm

07/22/2016

The Appellate Division, Second Department, handed down two cases a few days ago, under the caption CANTALUPO CONSTRUCTION CORP. v 2319 RICHMOND TERRACE CORP., that are of special interest.

In decision case, the Court held that a provision against oral modification could not be waived by inconsistent conduct. That is against basic New York law. Rose v. Spa Realty Assoc., 42 N.Y.2d 338, 397 N.Y.S.2d 922, 366 N.E.2d 1279; Madison Avenue Leasehold, LLC v Madison Bentley Assoc, LLC , 30 AD3d 1, 4 (1 st Dept 2006) aff'd 8 NY3d 59 (2006).

In the other, the Court reaffirmed the rule, often misunderstood, that a trial court cannot revise a judgment in a substantive manner after it has been rendered.
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