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
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 ...

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

Saturday, March 29, 2025

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, passed the final vote on the Senate floor, concurring in the House amendments. 

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

Friday, March 28, 2025

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

The Statehouse was flooded with yellow as Ocean State gun owners turned out in massive numbers to oppose a sweeping gun ban. On Wednesday, the House Judiciary Committee held a lengthy hearing to consider H.5436, a ...

Washington: Gun Control Bills Passed Out of Committee

Friday, March 28, 2025

Washington: Gun Control Bills Passed Out of Committee

It has been a busy week in Washington, with two anti-gun bills being advanced out of their respective committees.

More Polish Citizens are Carrying Firearms for Self-Defense

News  

Monday, March 31, 2025

More Polish Citizens are Carrying Firearms for Self-Defense

Certain parts of the world—sadly, without any specifically recognized right to arms—have been moving closer to accepting the fact that firearms in the hands of law-abiding citizens is not the inherently dangerous concept promoted by ...

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

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.