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
Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

News  

Monday, July 27, 2026

Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

Eight years ago, NRA filed comments in support of the Trump Administration’s plan to reform exports of firearms and ammunition – as well as their parts, components, and accessories. 

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

Wednesday, July 29, 2026

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, the court today entered an order memorializing the parties’ agreement to stay the case until after the U.S. Supreme Court issues ...

“Hell, No!” to Beto 2.0

News  

Monday, July 27, 2026

“Hell, No!” to Beto 2.0

Remember “Beto” O’Rourke and his runs for political office, hellbent on gun control?  

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

Take Action  

Monday, July 27, 2026

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

NRA–ILA FrontLines activist Carmen Fontanez, held her most recent “NRA 2A Day” event in Puerto Rico, at Target Center in San Juan. 

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

California: Legislature Reconvenes Next Week, Anti-Gun Agenda Resumes

Wednesday, July 29, 2026

California: Legislature Reconvenes Next Week, Anti-Gun Agenda Resumes

On Monday, August 3rd, the California Legislature will reconvene from their summer recess. Numerous anti-gun bills are still on the move, with the Senate Appropriations Committee scheduled to hear several bills the day they return. ...

Oregon: Hunting & Fishing Ban Fails to Qualify for 2026 Ballot

Monday, July 27, 2026

Oregon: Hunting & Fishing Ban Fails to Qualify for 2026 Ballot

Initiative Petition 28 (IP28), known as the PEACE Act (People for the Elimination of Animal Cruelty Exemptions), has officially failed, for now.

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.