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RECENT RELEASES - FLORIDA SUPREME COURT
ATTORNEYS--DISCIPLINE--IMPUGNING CANDIDATE FOR ELECTION TO LEGAL OFFICE. The Court held that Rule 4-8.2 of the Rules Regulating the Florida Bar, which subjects attorneys to discipline if they comment on the qualifications or integrity of a candidate for election to a legal office with knowledge that the comment is false or with reckless disregard as to its truth, was unconstitutional as applied to the particular speech at issue in the case before the court in which an attorney running for the office of state attorney made numerous remarks about his opponent's qualifications and integrity. Generalized concern with preserving public confidence in the judicial system is insufficient to justify restricting vigorous, open debate about the integrity and qualifications of candidates for the public office at issue, even if the speech is inaccurate, offensive, and misleading.
CRIMINAL LAW--SENTENCING--OFFENSE COMMITTED BY JUVENILE. A trial court did not violate the defendant's Eighth Amendment right against cruel and unusual punishment by sentencing the defendant to life without parole for a homicide offense defendant committed when he was a juvenile, consecutively followed by two concurrent life-without-parole sentences for related nonhomicide offenses. The defendant, as a juvenile homicide offender, was not constitutionally entitled to a meaningful opportunity for release for his nonhomicide offenses under Graham v. Florida; rather, the defendant's individualized sentencing only had to be consistent with Miller v. Alabama and Jones v. Mississippi.
PROBATE RULES--AMENDMENTS. The Court amended Florida Probate Rules 5.025 (Adversary Proceedings), 5.425 (Disposition Without Administration of Intestate Personal Property in Small Estates), and 5.530 (Summary Administration) as proposed by the Bar's Probate Rules Committee's "fast-track" report. Some of the more significant amendments include the addition of a new subdivision to rule 5.025 classifying "proceedings to enforce the authority of a personal representative under section 733.612 as adversarial in nature unless ordered otherwise by the court;" an increase in the value of nonexempt personal property eligible for disposition without administration; and an increase in the value of estates subject to summary administration.
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