Monday, December 3, 2012

Ineffective assistance of counsel, unpled damages, and fresh kale sauteed with garlic, pistacchios, and topped with Manchego cheese shavings

 Criminal law -- Ineffective assistance of counsel -- Appeals -- Record does not justify resolving ineffective assistance of counsel claim on direct appeal -- Defendant may seek relief via rule 3.850 motionRONALD FOX, Appellant, v. STATE OF FLORIDA, Appellee. 1st District.

Criminal law -- Post conviction relief -- Timeliness of motion -- Petition for belated appeal from conviction and sentence did not toll time limit to file rule 3.850 motionWILBER BHERVIZ, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Health Care Reform (Contraception): OBAMA HEALTH LAW TO FACE RELIGION-BASED CHALLENGE, Liberty Univ. v. Geithner, 20 No. 7 Westlaw Journal Health Law 1, Westlaw Journal Health Law November 29, 2012
(Reuters) - The U.S. Supreme Court on Nov. 26 cleared the way for a Christian college to pursue a religion-based challenge against part of President Obama's health care reform, which it claims forces taxpayers and employers to subsidize abortions and contraception. Liberty University, based in Lynchburg, Va., may now also argue that Congress exceeded its power by requiring big employers to provide health care coverage to workers, though legal experts said the argument faces an uphill battle

Insurance -- Uninsured motorist -- Damages -- Trial court erred in denying insurer's motion for remittitur or new trial where verdict's award of damages for future medical expenses was not supported by evidence -- Where damages are sought for future medical expenses, only medical expenses that are reasonably certain to be incurred in the future are recoverableGEICO INDEMNITY COMPANY, Appellant, v. POLLIE DeGRANDCHAMP, Appellee. 2nd District.

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