A Florida prosecutor says he will seek to vacate as many as 2,600 convictions of people who bought crack cocaine manufactured by the Broward County Sheriff’s Office between 1988 and 1990.

In a defeat for supporters of a proposal aimed at enshrining abortion rights in the state Constitution, the Florida Supreme Court on Wednesday cleared the way for a revised “financial impact statement” to appear on the November ballot.

A lawsuit about whether the University of Florida should return fees to students because of a campus shutdown early in the COVID-19 pandemic will go before the Florida Supreme Court on Wednesday.

The Florida Supreme Court on Monday approved a recreational marijuana constitutional amendment for the November ballot. That means you get to vote on legalizing pot.

The Florida Supreme Court appears poised Monday afternoon to issue rulings about whether proposed constitutional amendments that seek to ensure abortion rights and allow recreational marijuana will go on the November ballot.

Lawyers trying to keep an abortion-rights measure off the Florida ballot told the state Supreme Court that the proposed amendment is deceptive.

A new decision to release names of crime victims to the public in Florida has already impacted our local community and how law enforcement agencies share data.

A Florida constitutional amendment may protect a victim of crime’s information, but that does not include their name and that goes for law enforcement too, the Florida Supreme Court ruled unanimously Thursday.

The Florida Supreme Court will hear arguments Wednesday about a proposed constitutional amendment that would allow recreational use of marijuana by people ages 21 and older.

The Florida Supreme Court will hear arguments Wednesday about a proposed constitutional amendment that would allow recreational use of marijuana by people ages 21 and older.

Lawyers representing Black voters told a three-judge federal panel that Republican Florida Gov. Ron DeSantis violated the U.S. Constitution by deliberately dismantling a congressional district that favored Black candidates.

Attorneys for a man on trial and accused of raping and killing his 16-year-old niece, whose body was never found, argued on Friday that Iyana Sawyer is still alive.

The judge who oversaw the sentencing of the Parkland massacre gunman won't be able to oversee proceedings in another murder case involving the death penalty.

The Florida Supreme Court on Thursday rejected arguments aimed at sparing the life of a man convicted of a 1989 double slaying of a Flagler County couple for which he was dubbed the “ninja killer.”

Florida Supreme Court Justice Ricky Polston is retiring at the end of the month, giving Republican Gov. Ron DeSantis another chance to stamp his imprint on the court for years to come.

As the 2023 legislative session began Tuesday, Senate and House Republicans proposed measures that seek to prevent abortions after six weeks of pregnancy.

Backers of a proposed constitutional amendment that would allow recreational use of marijuana have passed a preliminary hurdle to get on the 2024 ballot, submitting more than enough petition signatures to trigger a Florida Supreme Court review of the measure.

Florida's ban on abortions after 15 weeks of pregnancy will be allowed to stand until a hearing before the state Supreme Court.

Florida lawmakers can fine local government officials who attempt to restrict gun and ammunition sales under a state law upheld by the state Supreme Court.

The Florida Supreme Court on Wednesday scheduled arguments Feb. 9 in the DUI manslaughter conviction of a Clay County man whose son was killed when their all-terrain vehicle was struck by a truck on a rural road.

In a case that could upend public access to information about policing, the Florida Supreme Court heard arguments Wednesday about whether the identities of law-enforcement officers are shielded by a 2018 constitutional amendment designed to bolster crime victims’ rights.

The Florida Supreme Court on Thursday approved suspending former Jacksonville-area Public Defender Matt Shirk from practicing law for one year.

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A Florida judge on Thursday said he would temporarily block a 15-week abortion ban from taking effect, following a court challenge by reproductive health providers who say the state constitution guarantees a right to the procedure.

A Jacksonville man, whose conviction in a double ax murder in 1999 was thrown out earlier this year, pleaded guilty Tuesday to two lesser counts of second-degree murder.

Florida Supreme Court Justice Alan Lawson will retire at the end of August.

A new map has now been set for the 120 districts in the Florida House.

A new map has now been set for the 40 districts in the Florida Senate.

The Florida Supreme Court is telling Republican Gov. Ron DeSantis it will not answer his question on whether a Black congressman’s district is unconstitutional.

The Florida Supreme Court is telling Republican Gov. Ron DeSantis it will not answer his question on whether a Black congressman’s district is unconstitutional.

The U.S. Supreme Court has declined to take up an appeal in a high-profile case involving an 8-year-old Jacksonville girl who was abducted from a Walmart and raped and murdered.

The Florida Supreme Court has agreed to decide whether law enforcement officers involved in fatal shootings can keep their identities shielded from the public.

Longtime Florida Supreme Court spokesman Craig Waters, who became the court’s public face during the 2000 presidential recount, is retiring.

Florida Supreme Court justices appeared skeptical Tuesday of a potential class-action lawsuit challenging credit-card fees that a company collects from motorists who get caught on camera running red lights.

An appeals court Friday refused to fast-track to the Florida Supreme Court a challenge to Gov. Ron DeSantis’ efforts to prevent schools from requiring students to wear masks during the COVID-19 pandemic.

Floridians for Alternatives to the Death Penalty are circulating a video of a former Florida Supreme Court justice who believes the state has executed innocent people.

The Florida Supreme Court on Thursday unanimously upheld the murder conviction and death sentence of a man who killed a Clay County woman in 2014 and sexually abused her 10-year-old daughter.

The Florida Supreme Court on Thursday unanimously upheld the murder conviction and death sentence of a man who killed a Clay County woman in 2014 and sexually abused her 10-year-old daughter.

A court-appointed referee is reviewing the Florida Bar’s complaint against former Fourth Circuit Public Defender Matt Shirk and could recommend potential sanctions for him, according to court records.

A Jacksonville man is set to be resentenced Tuesday in the murder of an 8-year-old girl, a case that has wound its way through the legal system for the past 15 years.

After the Florida Supreme Court upheld the state’s seed-to-sale medical marijuana model, the Department of Health is preparing to issue 15 new treatment center licenses.

A case before the Florida Supreme Court could make it harder for Floridians to sue tobacco companies for damages.

Siding with the state in a closely watched case that has kept the cannabis industry in limbo, the Florida Supreme Court on Thursday upheld a 2017 law designed to carry out a constitutional amendment that broadly legalized medical marijuana.

First Amendment and journalism groups want to weigh in if the Florida Supreme Court takes up a case that could help shield the identities of law enforcement officers involved in use-of-force incidents.

Joseph Hatchett, the first Black justice on the Florida Supreme Court, lay in state Friday in the Supreme Court rotunda after his death last week at age 88.

Florida courthouses are relaxing some coronavirus restrictions while others remain in place.

The Florida Supreme Court on Thursday upheld the death sentence of Randall Deviney, a Jacksonville man convicted of murdering his one-time babysitter.

A legal battle about whether a 2018 constitutional amendment known as “Marsy’s Law” can shield the identities of police officers went to the Florida Supreme Court on Tuesday.

The first Black man to serve on the Florida Supreme court has died.

The Florida Supreme Court on Thursday rejected a proposed constitutional amendment aimed at allowing people to use recreational marijuana, saying it would be misleading to voters.

The Florida Supreme Court on Thursday unanimously upheld the conviction and death sentence of Donald James Smith, who raped and murdered 8-year-old Cherish Perrywinklle after kidnapping the girl from a Jacksonville Walmart in 2013.

JACKSONVILLE, Fla. – The ongoing struggles for Florida’s court system are taking a toll in major ways. They’re affecting everything from how much insurance companies are paying out to child support cases -- and those are just the beginning of the legal impacts of the coronavirus pandemic. That’s affecting things like child support cases, criminal cases and insurance claims. News4Jax spoke with numerous attorneys about the issue of backlogs. News4Jax spoke with Shannon Schott, who’s the president of the Northeast Florida Chapter of the Florida Association of Criminal Defense Lawyers.

JACKSONVILLE, Fla. – Former Jacksonville public defender Matt Shirk’s conditional guilty plea filed last month with the Florida Supreme Court was rejected. The suspension would have taken effect 30 days from the date of the final order, but the Supreme Court said it considered the conditional plea for consent judgment and rejected it. “The Florida Bar is hereby directed to prepare and file a formal complaint against Matt Shirk,” the Court wrote. The issues stem from Shirk’s time as a public defender in Jacksonville from 2009-2017. According to the conditional guilty plea, Shirk’s misconduct was “due, in part, to personal or emotional problems” and that he’s “deeply remorseful for his unprofessional behavior while serving as Public Defender.”

JACKSONVILLE, Fla. – Former Jacksonville public defender Matt Shirk is facing a six-month suspension from practicing law. If he wants to get back into law, it will require “proof of rehabilitation” prior to reinstatement. The suspension would take effect 30 days from the date of the final order, so he could close out the practice of law and protect the interest of existing clients. The suspension stems from Shirk’s time as a public defender from 2009-2017. According to the conditional guilty plea, Shirk’s misconduct was “due, in part, to personal or emotional problems” and that he’s “deeply remorseful for his unprofessional behavior while serving as Public Defender.”

There’s a potential legal problem for prosecutors in the state of Florida involving the constitutional right to a speedy trial. Now some defense attorneys are asking whether that’s constitutional and what it could mean for the backlog of cases. In August, a judge ruled prosecutors did not formally charge her quickly enough for a speedy trial and dismissed her charges. Prosecutors have argued the judge in Alachua County did not follow the state Supreme Court guidelines on the pandemic and have appealed the ruling. He said the state could feasibly prove that the pandemic does constitute a compelling state interest for the suspension of speedy trial.

News4Jax spoke with Schott concerning issues with courts being able to get enough people to respond to jury summons to seat a jury. It would have been the first jury seated in the county since the coronavirus pandemic began. There is a jury trial slated for Jan. 19 in a grand theft case, and jury summons will be going out in the next week. January 2021Jan. 19: 240 summons sent outJan. 25: 240 summons sent outNotes:Summons mailed on Dec. 8 - 34 excused so farOverall, this is an issue at least at the state level -- if not beyond. But she pointed out that it hasn’t been litigated yet and someone could feasibly challenge the Florida Supreme Court order.

TALLAHASSEE, Fla. – In a surprising ruling, the Florida Supreme Court has refused the state’s efforts to reinstate the death penalty for two convicted murders, and the decision will mean at least 100 other murderers facing death will get another chance at life in prison. In 2016, the Florida Supreme Court ruled that anyone sentenced to death by a less than unanimous jury after 2002 was entitled to a new sentence. Following that January ruling, the state moved to send two murderers back to death row on their old death sentence. Pete Mills is the Chair of the Florida Public Defenders Death Penalty Steering Committee. And if the state doesn’t want to seek the death penalty again, those convicted will remain in prison for life with no chance of parole.

TALLAHASSEE, Fla. – The Florida Supreme Court on Wednesday upheld the first-degree murder convictions and death sentences of a St. Johns County man accused in 2015 of fatally shooting his estranged wife and one of her friends. He also was convicted of murdering Lindy Dobbins, who was hiding behind a chest in a closet when she was shot, according to the Supreme Court opinion. Colley, now 40, was also convicted of attempted-murder charges related to two other people who escaped from the home. He had appeared in court less than two hours before the shootings on a violation of the domestic violence injunction. But the Supreme Court rejected that argument.

Moody’s office contended that the January Supreme Court decision backing away from the 2016 ruling should lead to reinstating the original death sentences instead of holding new sentencing hearings. But the Supreme Court on Wednesday said orders granting resentencing could not be undone. The Florida Supreme Court in October 2016, in the Hurst v. State decision, interpreted and applied the U.S. Supreme Court ruling. The state court required unanimous jury recommendations before death sentences could be imposed and dealt with a critical issue of jurors finding what are known as “aggravating factors” that can justify death sentences. The state Supreme Court subsequently said its decision in Hurst v. State should be applied retroactively to cases going back to 2002.

TALLAHASSEE, Fla. – Continuing to make major changes in the state’s death-penalty system, the Florida Supreme Court on Thursday scrapped a longstanding legal requirement of reviewing death sentences to determine if they are “disproportionate” punishment. Justices, in a 5-1 ruling, said such reviews are not authorized by state law and pointed to “erroneous precedent” by the Supreme Court. The majority ruling was one of a series of opinions this year in which the Supreme Court has reversed course on death-penalty and criminal legal precedents. As a result, no longer is this court required to review death sentences for proportionality. “In contrast, victims and the state have strong interests in this court’s upholding death sentences obtained in compliance with (a section of state law).

The Florida Supreme Court disbarred a Jacksonville attorney and disciplined three other Northeast Florida attorneys in recent court orders, The Florida Bar announced Thursday. They were among 11 attorneys disciplined statewide. Attorney Kevin Robert Monahan of Palatka was suspended for 10 days, effective 30 days after an Oct. 1 court order because the Supreme Court said he failed to appear in criminal court twice and his clients didn’t have their matters heard. He merged his law practice with another law firm, which ultimately took over the representation of these cases, The Bar said. The other attorneys disciplined were:

TALLAHASSEE, Fla. – The Florida Supreme Court dismissed a lawsuit on Wednesday that sought to nullify a proposed constitutional amendment that would open primaries to all voters regardless of party affiliation. While the Supreme Court approved Question 3 for the ballot in December, the lawsuit claimed new studies since then show the proposed amendment would hurt minority representation in government. The ballot question would style Florida elections similar to those in California. In Florida, all candidates for the state Legislature, Cabinet and governor would appear on the same primary ballot and then the top two candidates would move on to the general election. That could mean two Democrats or two Republicans face each other in the general election.

A last-minute bipartisan challenge seeking to invalidate the amendment is drawing fire from the Secretary of State. In a blistering response, the state calls the lawsuit too little too late. In its response, the state argues the pandemic already makes this election difficult and that not counting Amendment 3 votes would confuse voters. And the lawsuit represents an abuse of the process.”Both Republicans and Democrats behind the lawsuit say the arguments were expected. The All Voters Vote campaign believes just the presence of the lawsuit has already confused some voters.

TALLAHASSEE, Fla. – Trying to prevent the spread of COVID-19, Florida Supreme Court Chief Justice Charles Canady issued orders in March that suspended jury trials and other proceedings at courthouses across the state. But more than six months later, a North Florida appeals court is confronted with two cases about whether delays in prosecutors filing charges violated the rights of criminal defendants. The cases, filed this month at the 1st District Court of Appeal, are rooted in the rights of defendants to speedy trials. “Furthermore, the Florida Supreme Court’s administrative orders have no effect on the Office of the State Attorney’s ability to investigate its cases. But Pulliam’s attorneys argued that the charge could not be amended because the move came after the expiration of the 175-day speedy trial period.

Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections every six years so voters can determine whether they should remain on their courts for another six-year term. These are called “merit retention” elections. This year, one Supreme Court justice and 24 appeals court judges will be on the ballot, including five in the First District -- which includes Alachua, Baker, Bradford, Clay, Columbia, Duval, Hamilton, Nassau, Okaloosa, and Union counties, -- and the Fifth District -- which covers Flagler, Putnam and St. Johns counties. Florida District Courts of Appeal mapVoters are being asked whether or not to retain:Justice of the Supreme CourtCarlos G. MunizFirst District Court of AppealJoseph Lewis Jr. | Scott Makar | Rachel Nordby | Tim Osterhaus | Clay Roberts | Adam S. TanenbaumFifth District Court of AppealKerry I. Evander | Jamie Grosshans | John M. Harris | Richard B. Orfinger | Meredith Sasso | F. Rand WallisThese jurists don’t campaign for retention, but biographical information about them is compiled by The Florida Bar.

TALLAHASSEE, Fla. – Florida-born Barbara Lagoa is one of four or five women President Donald Trump is considering for the U.S. Supreme Court. Flags were at half staff Monday at the Florida Supreme Court where one of Ruth Bader Ginsberg’s possible successors once served. In 2006, then-Governor Jeb Bush tapped Barbara Lagoa to serve on the Third District Court of Appeal. Nine months later, President Trump nominated Lagoa for an opening on the U.S. 11th Circuit Court of Appeals. Based on our research, if nominated, Barbara Lagoa would be the only Florida-born person ever nominated for the nation’s highest court.

Circuit Judge Barbara Lagoa, of the United States Court of Appeals for the Eleventh Circuit, is shown in this official undated photo released by the Florida Supreme Court. So she’s got a lot of things — very smart,” Trump said in a call-in interview with “Fox and Friends.”Asked whether politics would play a role in the decision, Trump responded: “I try not to say so. Circuit Court of Appeals. Before that, for less than a year she was a justice on the Florida Supreme Court after more than a decade on a Miami-based state appeals court where she wrote some 360 opinions. She was the first woman of Hispanic heritage on the state Supreme Court.

“We had been getting in a good area as far as pending felony cases,” Public Defender Charlie Cofer said. State attorneys, lawyers and public defenders worked to resolve cases through plea deals and through virtual court hearings. Besides a growing caseload, the Public Defender’s Office and State Attorney’s Office were required to submit plans to the state in August to show what their operations might look like with significant budget cuts in place. The State Attorney’s Office was asked to detail the impact of an 8.5 percent budget reduction for the next fiscal year. The State Attorney’s Office plans to work with lawmakers and others to preserve current funding levels.

JACKSONVILLE, Fla. – Much like the rest of the country, Jacksonville’s justice system has struggled to function during the novel coronavirus pandemic. The Florida Supreme Court suspended jury trials– and inmates' constitutional rights to demand a speedy trial within five months was halted. But, others accused of more serious crimes, unable to afford bail and unable to present their case to a jury, were stuck until jury trials resume. Emails to Judge Mahon’s office were not immediately returned, but Cofer says the chief judge anticipates bringing in jurors and starting to have felony trials following the week of Oct. 5. The largest courtroom is expected to be used for jury selection to allow for social distancing.

TALLAHASSEE, Fla. – After getting skipped over for a seat on the Florida Supreme Court, appellate judges Lori Rowe and Timothy Osterhaus on Tuesday refused to disqualify themselves from a legal battle about a state order to reopen schools amid the COVID-19 pandemic. The Florida Education Association and other plaintiffs last week filed a motion requesting that Rowe and Osterhaus step aside from the case, which is pending at the 1st District Court of Appeal. Ron DeSantis — one of the defendants in the case — could consider them for a seat on the Supreme Court. Rowe and Osterhaus were on a short list of Supreme Court candidates submitted to DeSantis in January. But on Monday, DeSantis appointed 5th District Court of Appeal Judge Jamie Grosshans to fill the Supreme Court seat.

Ron DeSantis on Monday named Jamie Grosshans, a judge on the 5th District Court of Appeal, to the Florida Supreme Court. DeSantis missed a noon request to appoint a justice to the Florida Supreme Court Court. He announced Grosshans just after 5 p.m.At 11:38 a.m., an email titled the ‘Governor’s Daily Digest’ promised an announcement about the future of the Supreme Court. “I told him that we have a great judge down here in Florida who was going to be on the Supreme Court. “Sometimes life doesn’t work out the way we planned, but who am I to complain, you know.

TALLAHASSEE, Fla. – The Florida Supreme Court on Friday unanimously rejected Gov. Ron DeSantis’ appointment of a circuit judge to the panel and ordered him to name a new justice by noon Monday. When DeSantis named Francis to the high court, he had already missed the constitutionally mandated deadline of March 23. Well, that’s what the Florida Supreme Court gave him with this case: Strict constructuralist,” Thompson said. On Friday, Democratic State Sen. Perry Thurston called for the resignation of the nine-member Judicial Nominating Commission that improperly nominated Francis for the high court.

TALLAHASSEE, Fla. The Florida Education Association and other plaintiffs challenging a state order to reopen schools requested Wednesday that two appellate judges step aside from the case because Gov. Ron DeSantis could consider them for an appointment to the Florida Supreme Court. The Florida Supreme Court Judicial Nominating Commission in January included Rowe and Osterhaus on a list of nine nominees for two open seats on the Florida Supreme Court. But the Supreme Court in the Aug. 27 decision said it couldnt go along with that request. The Supreme Court on Tuesday issued another ruling that allowed Thompson to revise her complaint to seek that fix.

The problem I have in this case is this particular representative has been somebody who has been very vocal about wanting to have a Black justice on the Florida Supreme Court, DeSantis said. But the Supreme Court in the Aug. 27 decision said it couldnt go along with that requested fix. Francis was born in Jamaica and would be the first non-Cuban person of Caribbean heritage to serve on the Supreme Court, DeSantis said when he announced the appointments. Also on Tuesday, a Fernandina Beach resident asked the Supreme Court to block Francis' appointment. The unconstitutional appointment of a person to the Florida Supreme Court who could sit on the bench for 33 years certainly will impact the publics confidence in the Supreme Court and its decisions for years to come.

TALLAHASSEE, Fla. The Florida Supreme Court on Friday approved extending the term of a statewide grand jury that was impaneled after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County. Justices agreed to extend the grand jurys term until April 17, after a request from the office of Statewide Prosecutor Nicholas Cox. Ron DeSantis asked the Supreme Court to impanel the grand jury to investigate school-safety issues, a request that was granted by the court. The statewide grand jury began meeting in June 2019 for what was expected to be a 12-month period. The statewide grand jury has diligently investigated the issues identified by this honorable courts order (impaneling the grand jury), several of which have required evidence from every county in the state, said the request last month by the statewide prosecutors office for an additional extension.

TALLAHASSEE, Fla. The Florida Supreme Court said Thursday that Gov. DeSantis said Francis would join the Supreme Court on Sept. 24, when she would meet the 10-year requirement. The Supreme Court, in a 15-page main opinion written by Justice Carlos Muniz, agreed with the argument that DeSantis did not have the authority to appoint Francis. The governor did exceed his authority in making this appointment, wrote Muniz, who was appointed to the court by DeSantis in January 2019. The lawsuit said she fully supports racial and gender diversity on the Supreme Court.

The unions argue that Corcorans order violates the Florida Constitutions guarantee of safe and secure public schools. @EducationFL Richard Corcoran (@richardcorcoran) August 28, 2020After the appeals court put Dodsons ruling on hold Friday, Florida Education Association President Fedrick Ingram released a statement vowing to continue battling the state over the issue. Corcorans order required school districts to reopen brick-and-mortar schools five days a week in August, unless state and local health officials say otherwise. The states lawyers pointed out that Florida law bases district funding on surveys of the number of children in schools. Corcorans emergency order waived the funding requirements for school districts that submitted reopening plans approved by state education officials.

TALLAHASSEE, Fla. A statewide grand jury impaneled after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County is seeking more time to finish its work. The office of Statewide Prosecutor Nicholas Cox filed a petition Thursday at the Florida Supreme Court asking for a six-month extension of the term of the grand jury. Ron DeSantis asked the Supreme Court to impanel the grand jury to investigate school-safety issues, a request that was granted by the court. The statewide grand jury began meeting in June 2019 for what was expected to be a 12-month period. The statewide grand jury has diligently investigated the issues identified by this honorable courts order (impaneling the grand jury), several of which have required evidence from every county in the state, Thursdays petition for more time said.

The deaths occurred after Christopher Generoso got high on spice and drove at high speed into a car carrying the victims. Generoso, now 29, was convicted of vehicular homicide and is an inmate at Everglades Correctional Institution, according to Department of Corrections records. But a three-judge panel of the appeals court in June overturned that decision and said DZE should receive a directed verdict. The panel said Generosos criminal conduct was the sole proximate cause of the deaths under state law. The trial court, therefore, erred in allowing the jury to decide otherwise.As is common, the notice filed at the Supreme Court this week does not detail arguments that the plaintiffs will make.

TALLAHASSEE, Fla. A controversial online exam for admission to The Florida Bar will be held Oct. 13, with testing extended to Oct. 14 for people who need accommodations, the Florida Supreme Court said Wednesday. The scheduling of the exam comes amid harsh criticism of the Florida Board of Bar Examiners, which has twice delayed the test. The board rescheduled the exam for Aug. 19 and said it would be held online. Three days before the scheduled exam, however, the board called it off, pointing to problems with ILG Technologies software. Dozens of Florida lawyers filed a petition with the Supreme Court last week proposing a six-month supervisory-practice program that would replace the Bar exam requirement.

TALLAHASSEE, Fla. The state Supreme Court on Monday released a supervised-practice program for law school graduates who have been unable to take the Florida Bar exam amid the coronavirus pandemic, but critics said the program doesnt go far enough. On Monday, the Supreme Court released a temporary program that will allow law school graduates to work under the supervision of Florida attorneys who have been practicing for at least five years. The program will be available to law school graduates who were signed up to take the test this summer and will exclude people who previously have taken the bar exam. Dozens of Florida lawyers signed onto the proposal, which would have allowed law school graduates to be admitted to The Florida Bar after working under a supervisory attorney for six months. The program announced by the court Monday rankled law school graduates.

DUVAL COUNTY, Fla. Duval County will be conducting the first fully remote civil jury trial in the State of Florida. The trial, also believed to be the first fully remote trial with a binding verdict in the United States, is a result of the Fourth Judicial Circuit being chosen by the Florida Supreme Court to serve as one of five remote civil trial pilot projects throughout the State. Starting Thursday, August 6th, that officially includes seating a Duval County jury. Court records show the parties involved have signed consent forms saying they have no objections to a remote trial. Nichols says when picking a jury, important things attorneys would look for if the process were inside the courtroom could be lost over Zoom.

TALLAHASSEE, Fla. Two federal judges who formerly served on the Florida Supreme Court have refused to step aside from a voting-rights case that could determine whether hundreds of thousands of convicted felons are eligible to cast ballots in the November presidential election. Lagoa and Luck were involved in litigation about the felons-voting issue last year while serving on the Florida Supreme Court before joining the Atlanta-based appeals court. The opinion of the state Supreme Court, as the name suggests, is advisory only, they added. In addition to Luck, Lagoa and Brasher, the president also tapped Judges Kevin Newsom, Elizabeth Branch and Britt Grant. Former President Barack Obama appointed Judges Beverly Martin, Adalberto Jordan, Jill Pryor and Rosenbaum.

Justices declined to hear arguments in the appeal filed by Joshua Phillips, who was 14 at the time he murdered 8-year-old Maddie Clifton in 1998. As is common, the Supreme Court did not explain its reasons for declining to take up the case. Phillips, now 36, went to the Supreme Court in January after the 1st District Court of Appeal ruled against him in an appeal that focused on his sentence. Phillips was initially sentenced to life in prison after his conviction on a first-degree murder charge in 1999. But in a case known as Miller v. Alabama, the U.S. Supreme Court in 2012 barred mandatory sentences of life without parole for juveniles convicted of murder.

TALLAHASSEE, Fla. Parents of victims in the 2018 mass shooting at Marjory Stoneman Douglas High School have gone to the Florida Supreme Court in disputes about alleged negligence by a mental-health facility that provided services to accused shooter Nikolas Cruz. Andrew Pollack and Shara Kaplan, parents of slain student Meadow Pollack, and Royer Borges and Emely Delfin, parents of seriously injured student Anthony Borges, have filed notices that they are appealing rulings last month by the 4th District Court of Appeal that said Henderson Behavioral Health, Inc., cannot be held liable in the shooting, according to documents posted Tuesday on the Supreme Court website. But in the Pollack case, the appeals court said the theories of liability are undermined by Florida law establishing that a criminal attack on third parties by an outpatient mental health patient is not within the foreseeable zone of risk created by the mental health provider. Florida law does not recognize a duty of mental health providers to warn third parties that a patient may be dangerous.As is common, the notices of appeal do not detail arguments that attorneys for the parents will make at the Supreme Court. Meadow Pollack was one of 17 students and faculty members who were killed Feb. 14, 2018, at the Parkland school, while Anthony Borges was one of 17 others who were wounded.

Michael Dunn took the case to the Supreme Court in December after the 1st District Court of Appeal ruled against him in the murder of 17-year-old Jordan Davis. The shooting came after Davis and three friends stopped at a Gate convenience store and Dunn pulled into an adjacent parking space. Ultimately, Dunn and Davis exchanged words, and Dunn fired repeatedly into the Dodge Durango that carried the teens. Dunn was convicted of first-degree murder while discharging a firearm, three counts of attempted second-degree murder while discharging a firearm and one count of shooting or throwing deadly missiles, according to the appeals-court ruling in September. At the appeals court, Dunn contended, in part, that he had received ineffective assistance of counsel during his trial.

TALLAHASSEE, Fla. Attorney General Ashley Moodys office is urging the Florida Supreme Court to not take up cases stemming from the 2017 death of a fraternity pledge at Florida State University. The dispute has focused, at least in part, on whether prosecutors showed an adequate basis to pursue felony charges against Petagine, Kluttz and Oppenheimer. The panel of the Tallahassee-based appeals court overturned a ruling by a Leon County circuit judge that dismissed the felony charges. But in a brief filed Wednesday in the Petagine and Kluttz cases, which have been consolidated, lawyers in Moodys office argued that the Supreme Court should decline to consider the issues. Moodys office also filed similar arguments June 3 in the Oppenheimer case.

TALLAHASSEE, Fla. After placing a blanket prohibition on jury trials because of the coronavirus pandemic, Florida Supreme Court Chief Justice Charles Canady has issued an order that could lead to the resumption of jury trials based on local circumstances. Canady initially suspended criminal and civil jury trials in March and subsequently extended the suspension through July 17. But he issued an order Tuesday setting up a process that would replace the blanket suspension. The order is tied to courts moving into what is known as Phase 2 operations, which would involve limited personal contact and use of protective measures. Under the order, criminal and civil jury trials will remain suspended until 30 days after a circuits chief judge has determined that the circuit or a county has made the transition to Phase 2.

TALLAHASSEE, Fla. Florida Supreme Court Chief Justice Charles Canady on Monday issued an order extending through July 17 a suspension of criminal and civil jury trials because of the COVID-19 pandemic. Last week, the Supreme Court also announced a pilot program in five judicial circuits aimed at using remote technology to conduct civil jury trials. Also on Monday, Canady extended the suspension of a statewide grand jury through July 26. That grand jury has investigated the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County. The Supreme Court last month issued an order designed to ensure the statewide grand jury will have enough time to finish its work after the coronavirus-caused suspension ends.

TALLAHASSEE, Fla. In part of what the Florida Supreme Court describes as a major historical shift, five judicial circuits -- including two in Northeast Florida -- have been tapped for a pilot program aimed at using remote technology to conduct civil jury trials. The program comes as Supreme Court Chief Justice Charles Canady has suspended in-person civil and criminal jury trials through at least July 2 because of concerns about spreading the novel coronavirus. Canady last month issued an order that set up the pilot program, with the Supreme Court on Wednesday announcing the five judicial circuits that will take part. They are the 4th Judicial Circuit, made up of Duval, Clay and Nassau counties; the 7th Judicial Circuit, made up of St. Johns, Flagler, Putnam and Volusia counties; the 9th Judicial Circuit, made up of Orange and Osceola counties; the 11th Judicial Circuit in Miami-Dade County; and the 20th Judicial Circuit, made up of Charlotte, Collier, Glades, Hendry and Lee counties. While jury trials have been suspended throughout the state, judges are using online technology and conference calls to conduct many types of proceedings.

A group called Ban Assault Weapons Now sponsored the proposed constitutional amendment, inspired by the mass shooting at a Parkland high school that left 17 people dead. While the ballot summary purports to exempt registered assault weapons lawfully possessed prior to the Initiatives effective date, the Initiative does not categorically exempt the assault weapon, only the current owners possession of that assault weapon. The ballot summary is therefore affirmatively misleading, the court wrote in its opinion. But since the petitions used the language the court says is invalid, the group cant simply tweak the ballot summary. Attorney General Ashley Moody opposed the ballot initiative, as did the National Rifle Association, which hired a legal team to fight it.

TALLAHASSEE, Fla. After issuing a bombshell decision in January about the death penalty, the Florida Supreme Court on Tuesday heard arguments in two potentially far-reaching cases about whether that decision should lead to reinstating death sentences for two convicted murderers. Both men were initially sentenced to death but had those sentences set aside because of a 2016 Supreme Court ruling that, in part, required unanimous jury recommendations before defendants could receive the death penalty. The Florida Supreme Court in October 2016, in the similarly named case of Hurst v. State, interpreted and applied the U.S. Supreme Court ruling. That ruling required unanimous jury recommendations before death sentences could be imposed and dealt with a critical issue of jurors finding what are known as aggravating factors that can justify death sentences. But the Florida Supreme Court last year became more conservative after the retirement of longtime justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who had been part of a generally liberal majority.

TALLAHASSEE, Fla. As the state Supreme Court ponders a high-stakes challenge to a 2017 medical marijuana law, attorneys for Gov. Ron DeSantis administration have filed an additional brief disputing that the measure is an unconstitutional special law. The Supreme Court this month heard arguments in the battle about whether the law properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana. A brief filed late Wednesday by the DeSantis administration disputed the companys arguments about the measure being a special law. The case involves parts of the 2017 law that affect how many companies can get licensed and how they can operate.

TALLAHASSEE, Fla. A statewide grand jury that has investigated the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County will get more time to conduct its work after a suspension of activities because of the coronavirus. The Florida Supreme Court on Thursday issued an order that said additional days equal to the number of days for which proceedings are suspended shall be restored to the term of the statewide grand jury.Statewide Prosecutor Nicholas Cox, who is the legal adviser to the grand jury, filed an emergency petition this month at the Supreme Court seeking clarification about the panels term. The petition said the term was scheduled to end June 5, but Cox sought clarification that the time frame would be extended because of the coronavirus-caused suspension of proceedings. Supreme Court Chief Justice Charles Canady has issued a series of orders designed to prevent the spread of the coronavirus. The orders address various aspects of the court system, with jury trials and grand jury proceedings currently suspended through July 2.

(Copyright 2020 by WJXT News4Jax - All rights reserved.) Ron DeSantis on Tuesday named Miami attorney John Couriel and Palm Beach County Circuit Judge Renatha Francis to the Florida Supreme Court. Couriel and Francis will fill seats left open when former justices Barbara Lagoa and Robert Luck were appointed last year to the 11th U.S. Circuit Court of Appeals. DeSantis has made reshaping the Supreme Court a top priority since taking office in January 2019.

TALLAHASSEE, Fla. – In a victory for retailers, the Florida Supreme Court on Wednesday declined to take up an appeal in a battle about the city of Coral Gables’ attempt to ban the use of Styrofoam food containers. The decision effectively let stand a ruling last year by the 3rd District Court of Appeal that upheld the constitutionality of state laws that blocked a 2016 Coral Gables ordinance on polystyrene, commonly known as Styrofoam. As is common, the Supreme Court did not explain its reasons for declining to hear the case, but the decision was unanimous. The Attorney General’s Office backed the retailers in the case, including filing a brief in November at the Supreme Court. The case focused heavily on a wide-ranging Department of Agriculture and Consumer Services bill that lawmakers passed in March 2016.

TALLAHASSEE, Fla. – Supporters of a proposed constitutional amendment that would allow Floridians to use recreational marijuana are firing back against legal objections raised by Attorney General Ashley Moody and the state House and Senate. Lawyers for the political committee Make It Legal Florida filed a 51-page brief Monday urging the Florida Supreme Court to sign off on the proposed amendment. Monday’s brief said the proposed ballot summary’s “silence as to federal law is not misleading, because the amendment could never change federal law. In briefs filed Jan. 6, opponents focused heavily on the issue of voters not being told marijuana remains illegal under federal law. “Just as Florida voters cannot change other states’ laws through an amendment to the Florida Constitution, neither can they change the laws of the United States government.

TALLAHASSEE, Fla. – A man convicted in the high-profile 1998 murder of a Jacksonville girl is appealing to the Florida Supreme Court. Joshua Phillips, who was 14 at the time he murdered 8-year-old Maddie Clifton, filed a notice Wednesday that is an initial step in appealing to the Supreme Court, according to an online docket at the 1st District Court of Appeal. A three-judge panel of the appeals court ruled against Phillips last month. But in a case known as Miller v. Alabama, the U.S. Supreme Court in 2012 barred mandatory sentences of life without parole for juveniles convicted of murder. “To begin with, Phillips did not receive an inescapable, irrevocable life sentence.

Florida Supreme Court weighs primary election overhaulPublished: December 3, 2019, 6:13 pmIt’s dubbed a “jungle” primary system. And the Florida Republican and Democratic parties want no part of it