robertlathamesq.org

Category: Case Law Updates

  • G.O. v. DCF: No, GMs cannot hear MBI testimony

    As predicted, G.O. v. DCF, the TPR case where a GM heard the MBI testimony, was reversed. The only question was how far backed the Third would go to start the proceedings over. They went all the way: the mother must be renoticed for her advisory. You can read the very short opinion here.

  • R.L.-R dismissed as moot

    The hearing didn’t disappear…it was dismissed as moot. I would suspect that means that the youth came back or his location is no longer a mystery. Since the Third DCA didn’t take up the issue anyway, that might be some indication that they believe the outcome here was right.

  • Unsurprisingly, “No money like dope money” tattoo not grounds for a dependency

    A Second DCA trial court found a child at risk of harm from his father because the father had gang tattoos, even though in the same breath the court acknowledged: [O]n the other hand, he has been actively involved in his son’s life. He has stepped up to the plate in terms of providing support…

  • R.L.-R Hearing Vanishes Again

    On the same day I posted that R.L.-R was set for October 29, it once again vanished from the Third DCA’s online calendar.

  • PCA on RTI Residency Case

    I’m disappointed to report that the Acosta RTI cases were PCA’d on Friday (See Michael and Joseph). Though I don’t agree with the result, I do hope the efforts have shined light on the issue of kids aging out out-of-state. Future versions of RTI should seek to help youth no matter where they live.

  • Oral Argument on G.O v. DCF: Can General Magistrates Hear Manifest Best Interests Hearings?

    Court: Florida Third District Court of Appeal Judges: Suarez, Cortinas, Emas Attorneys: Kevin Colbert for the Mother; Karla Perkins for DCF; Hillary Kambour for GALP (joining DCF) Issues: whether a general magistrate has authority to hear manifest best interests testimony; whether it is error to enter a TPR final judgment on a GM recommended order…

  • Dual Maternity OA on wsfu.org

    In case you missed it, you can watch oral argument on the dual maternity (lesbian moms) case, D.M.T. v. T.M.H., on wfsu.org here.

  • JBB on Geter: Closing the Barn Door

    Justice Building Blog on the Third DCA’s Geter opinion (read: disaster) denying retroactive application of Miller to juveniles convicted of life without parole: What’s really behind the 3rd’s decision? Closing the barn door BEFORE the horses get out: Applying Miller retroactively would undoubtedly open the floodgates for postconviction motions where at the time of conviction and sentencing,…

  • Nexus and Gender

    The Fourth DCA has issued another gender-based nexus opinion in A.J. v. DCF. From the face of the opinion, the home consisted of three girls and two boys. Two of the girls were directly sexually abused. The Fourth DCA upheld the TPR of all the girls (including the third one who wasn’t directly abused) but…

  • G.H. is PCA’d, No Bread Crumbs

    As predicted, the Third DCA pca’d G.H., finding nothing worth commenting on in the argument that child hearsay hearings should happen prior to a trial or that failing to rule on them prior to the defense’s case is fundamental error. The audio-muddled OA is here.