Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! Florida Supreme Court Ends Decades-Old Evidence Standard

Thursday, May 14, 2020

 

DATE: May 14, 2020
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

 

 

JUSTICES END DECADES-OLD EVIDENCE STANDARD

 
May 14, 2020
Jim Saunders
 
TALLAHASSEE --- As it upheld the conviction of a Northeast Florida man in the grisly murder of his estranged wife, the state Supreme Court on Thursday tossed out a decades-old legal standard about circumstantial evidence in criminal appeals.
 
The court’s four-member majority said the change would lead to Florida joining federal courts and most other states in how judges weigh cases that only involve circumstantial evidence.
 
“For many years, Florida has been an outlier in that we have used a different standard to evaluate evidence on appeal in a wholly circumstantial evidence case than in a case with some direct evidence,” said the opinion shared by Chief Justice Charles Canady and justices Ricky Polston, Alan Lawson and Carlos Muniz.
 
But Justice Jorge Labarga dissented on changing the legal standard, writing that the Supreme Court for more than a century has “applied a more stringent standard of review in reviewing convictions supported only by circumstantial evidence.” He said the longtime standard would have led to upholding the conviction of Sean Alonzo Bush, the defendant in Thursday’s case.
 
“Yet today, this court eliminates another reasonable safeguard in our death penalty jurisprudence and in Florida’s criminal law across the board,” Labarga wrote. “Circumstantial evidence is a vital evidentiary tool, and the admission of such evidence is commonly relied on by the state to establish its case-in-chief. However, circumstantial evidence is inherently different from direct evidence in a manner that warrants heightened consideration on appellate review.”
 
In the underlying case Thursday, the court upheld the conviction and death sentence of Bush, who was accused of brutally murdering his estranged wife, Nicole, in 2011 in the Julington Creek area of St. Johns County. An autopsy showed that the victim suffered six gunshot wounds, including five to the head, and was stabbed and beaten, including suffering three blows to the head that split her skull.
 
The gun and the weapon used to stab Nicole Bush were never found, and authorities did not have direct evidence that the estranged husband committed the murder. But authorities developed large amounts of circumstantial evidence, including about issues such as a life-insurance policy that named him as a beneficiary.
 
A jury convicted Bush based on the circumstantial evidence, ultimately resulting in his death sentence. While his attorneys raised a series of arguments in the appeal, all five Supreme Court justice agreed the evidence was adequate to uphold his conviction.
 
“During the months leading up to the murder, Bush was in severe financial distress, unable to pay his rent on time, responsible for paying child support, and asking others for money,” Thursday’s opinion said. “Bush expressed that he was ‘broke as a joke’ and low on cash. Bush was the beneficiary of Nicole’s $815,240 life insurance policy, and he was aware for some time prior to the murder that he had been designated as the policy beneficiary. Several weeks after the murder, Bush called to confirm his beneficiary status and subsequently submitted a claim for the policy proceeds. Because a rational trier of fact could, and did, find from this evidence that Bush committed the first-degree murder of Nicole under both premeditated and felony murder theories, Bush is not entitled to relief.”
 
The court majority, however, also used the case as a springboard to abandon what it called a “special appellate standard” in circumstantial-evidence cases. It said that decades ago “all federal courts and almost all state courts instructed juries using a special standard when the evidence of a defendant’s guilt presented at trial was circumstantial.”
 
But after the U.S. Supreme Court in 1954 called the standard into question, federal courts and most states stopped using the special standard, Thursday’s opinion said. Florida stopped using the standard to instruct juries in 1981 but continued to use it in considering criminal appeals.
 
Quoting a lower-court decision, Thursday’s opinion gave a definition of the special standard: “Where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.”
 
But the majority described that standard as confusing and said appellate courts in circumstantial-evidence cases should use a standard like in cases with at least some direct evidence ---- “whether the state presented competent, substantial evidence to support the verdict.”
 
Thursday’s opinion was at least the third time in the past year that the Supreme Court has reversed course on decisions made by justices in the past. Last May, it changed a decision about controversial expert-witness standards in lawsuits and in January backed away from a decision that required unanimous jury recommendations before murder defendants could be sentenced to death.
 
The changes have come after conservatives became a majority of the court in early 2019. Longtime justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who had been part of left-leaning majority, left the court in January 2019 because of a mandatory retirement age, allowing remaining conservative justices and Republican Gov. Ron DeSantis to reshape the court.
 

 

IN THIS ARTICLE
Florida Second Amendment
TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

News  

Wednesday, November 12, 2025

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

On November 10th, 2025, the U.S. Senate passed on a legislative proposal to reopen the federal government. Included in this package was the Military Construction, Veterans Affairs, and Related Agencies bill. This legislation maintained a provision that ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.