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
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Partisan Due Process Renaissance Excludes American Gun Owners

News  

Monday, May 5, 2025

Partisan Due Process Renaissance Excludes American Gun Owners

An observer of American political discourse can’t go anywhere these days without being bombarded by reproachful references to the importance of “due process.”

Kansas Supreme Court Enforces PLCAA in High Profile Case

News  

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who ...

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

I’d Like a McHurry, Please, with a Side of No Time to Spare

News  

Monday, May 5, 2025

I’d Like a McHurry, Please, with a Side of No Time to Spare

Market research indicates that most adults (42%) who eat at McDonald’s and similar fast-food restaurants expect to receive their food within a maximum of five minutes after ordering, while for seven percent of respondents, the “fast” in ...

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

On April 28, 2025, Representative Sheri Biggs (R-SC-03) reintroduced the No Frivolous Applications for Short-Barreled Shotguns (NFA SBS) Act (H.R. 3034). This legislation removes short-barreled shotguns from the National Firearms Act so that they will be treated ...

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Thursday, May 1, 2025

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Under the Firearm Owners Identification Card Act (FOID Act), Illinois requires a license and imposes fees to acquire and possess firearms.

House Committee on Veterans’ Affairs Votes to Advance Legislation to Protect Veterans Second Amendment Rights

News  

Tuesday, May 6, 2025

House Committee on Veterans’ Affairs Votes to Advance Legislation to Protect Veterans Second Amendment Rights

On Tuesday, May 6, 2025, the House Committee on Veterans’ Affairs, led by Chairman Mike Bost (R-IL-12), held a markup for several bills. Among these bills being considered was H.R. 1041, the Veterans 2nd Amendment Protection Act, ...

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.