The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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Martin v. State

Dockets: SC18-214, SC18-1696

Opinion Date: January 16, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the circuit court denying Appellant's third amended motion to vacate his conviction of first-degree murder and sentence of death filed pursuant to Fla. R. Crim. P. 3.851 and denied Appellant's petition for a writ of habeas corpus, holding that Appellant was not entitled to relief. Appellant was convicted of first-degree murder and sentenced to death. This appeal concerned Appellant's second amended motion for postconviction relief. The postconviction court noted that Appellant was entitled to a new penalty phase pursuant to Hurst v. State, 202 So. 3d 40 (Fla. 2016) but denied the guilt-phase claims. The majority of the claims presented in Appellant's appeal alleged ineffective assistance of trial counsel. The Supreme Court denied the claims and affirmed the order of the postconviction court. The Court also denied Appellant's petition for writ of habeas corpus, holding that Appellant's claim that comments made by the prosecutor tapped into racial stereotypes was procedurally barred and that Appellant's claim of ineffective assistance of appellate counsel also failed.

Advisory Opinion to Governor re Implementation of Amendment 4, The Voting Restoration Amendment

Docket: SC19-1341

Opinion Date: January 16, 2020

Judge: Per Curiam

Areas of Law: Constitutional Law, Criminal Law

In this advisory opinion, the Supreme Court answered a question asked by Governor Ron DeSantis regarding the interpretation of a portion of the Florida Constitution affecting his executive powers and duties by stating that it is in the Court's opinion that the phrase "all terms of sentence," as used in article VI, section 4, has an ordinary meaning that the voters would have understood to refer not only to durational periods but also to all legal financial obligations (LFOs) imposed in conjunction with an adjudication of guilt. Specifically, the Governor requested advice regarding the meaning of language added to Fla. Const. art. VI, 4 by the approval of an initiative petition, commonly referred to as Amendment 4, that restored the voting rights of certain convicted felons "upon completion of all terms of sentence including parole or probation." The Supreme Court answered that the phrase "all terms of sentence" encompasses not just durational periods but also all LFOs - fines, restitution, costs, and fees - imposed in conjunction with an adjudication of guilt.

Richards v. State

Docket: SC19-24

Opinion Date: January 16, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court quashed the decision of the Fifth District Court of Appeal reversing the trial court's decision denying Defendant's motion to correct his sentence on the grounds that the trial court could not impose investigative costs because the State had not requested them, as required by Fla. Stat. 938.27(1), holding that the State's request for investigative costs must occur before the judgment is rendered. The Fifth District held that the trial court erred in imposing costs of investigation in the absence of a request from the State but concluded that the State, on remand, should be given the opportunity to request the imposition of investigative costs. The Supreme Court quashed the Fifth District's opinion, holding that because the State failed to request investigative costs before the trial court pronounced sentence and entered Defendant's judgment the State's opportunity to request investigative costs has passed.

Advisory Opinion to Attorney General re Citizenship Requirement to Vote in Florida Elections

Docket: SC19-1165

Opinion Date: January 16, 2020

Judge: Per Curiam

Areas of Law: Election Law

In this advisory opinion, the Supreme Court approved a proposed amendment, which would amend article VI, section 2 of the Florida Constitution, for placement on the ballot, concluding that the proposed amendment complied with the single-subject requirement of article XI, section 3 of the Florida Constitution and that the ballot title and summary complied with Fla. Stat. 101.161(1). The initiative petition at issue here was titled "Citizen Requirement to Vote in Florida Elections." The Attorney General petitioned the Supreme Court for an advisory opinion regarding the validity of the initiative petition. The Supreme Court approved the proposed amendment, concluding that the proposed amendment meets the single-subject requirement and that the ballot title and summary meet the respective word-limitation requirements of section 101.161(1).