FLORIDA SUPREME COURT

In a surprise move the Florida Supreme Court has said an order issued Wednesday that rejected abortion clinics’ request to place the state’s 15-week abortion ban back on hold was put out by mistake.

The Florida Supreme Court on Thursday approved suspending former Jacksonville-area Public Defender Matt Shirk from practicing law for one year.

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A Florida judge on Thursday said he would temporarily block a 15-week abortion ban from taking effect, following a court challenge by reproductive health providers who say the state constitution guarantees a right to the procedure.

While legal challenges to the DeSantis map remain, the decision by the Florida Supreme Court on Thursday denying a request by voting rights groups to rule on the issue soon means the the map favored by the governor will be in place for the June 17 deadline for candidates to qualify.

A Jacksonville man, whose conviction in a double ax murder in 1999 was thrown out earlier this year, pleaded guilty Tuesday to two lesser counts of second-degree murder.

Florida Supreme Court Justice Alan Lawson will retire at the end of August.

A new map has now been set for the 120 districts in the Florida House.

A new map has now been set for the 40 districts in the Florida Senate.

The Florida Supreme Court is telling Republican Gov. Ron DeSantis it will not answer his question on whether a Black congressman’s district is unconstitutional.

The Florida Supreme Court is telling Republican Gov. Ron DeSantis it will not answer his question on whether a Black congressman’s district is unconstitutional.

The Florida Supreme Court told Republican Gov. Ron DeSantis on Thursday it will not answer his question on whether a Black congressman's district is unconstitutional. DeSantis has interjected himself into the once-a-decade process of drawing new congressional maps, something highly unusual for a governor to do. The House and Senate have considered maps that largely left Democratic U.S. Rep. Al Lawson's district intact, but DeSantis is pushing a map that would make his district lean Republican.

The U.S. Supreme Court has declined to take up an appeal in a high-profile case involving an 8-year-old Jacksonville girl who was abducted from a Walmart and raped and murdered.

The Florida Supreme Court has agreed to decide whether law enforcement officers involved in fatal shootings can keep their identities shielded from the public.

Longtime Florida Supreme Court spokesman Craig Waters, who became the court’s public face during the 2000 presidential recount, is retiring.

Florida Supreme Court justices appeared skeptical Tuesday of a potential class-action lawsuit challenging credit-card fees that a company collects from motorists who get caught on camera running red lights.

An appeals court Friday refused to fast-track to the Florida Supreme Court a challenge to Gov. Ron DeSantis’ efforts to prevent schools from requiring students to wear masks during the COVID-19 pandemic.

Floridians for Alternatives to the Death Penalty are circulating a video of a former Florida Supreme Court justice who believes the state has executed innocent people.

The Florida Supreme Court on Thursday unanimously upheld the murder conviction and death sentence of a man who killed a Clay County woman in 2014 and sexually abused her 10-year-old daughter.

The Florida Supreme Court on Thursday unanimously upheld the murder conviction and death sentence of a man who killed a Clay County woman in 2014 and sexually abused her 10-year-old daughter.

A court-appointed referee is reviewing the Florida Bar’s complaint against former Fourth Circuit Public Defender Matt Shirk and could recommend potential sanctions for him, according to court records.

A Jacksonville man is set to be resentenced Tuesday in the murder of an 8-year-old girl, a case that has wound its way through the legal system for the past 15 years.

After the Florida Supreme Court upheld the state’s seed-to-sale medical marijuana model, the Department of Health is preparing to issue 15 new treatment center licenses.

More than a year after the COVID-19 pandemic forced the widespread closures of public buildings, Miami-Dade courthouses will reopen on June 28.

A case before the Florida Supreme Court could make it harder for Floridians to sue tobacco companies for damages.

Siding with the state in a closely watched case that has kept the cannabis industry in limbo, the Florida Supreme Court on Thursday upheld a 2017 law designed to carry out a constitutional amendment that broadly legalized medical marijuana.

After the Florida Supreme Court hears arguments in a case, justices typically try to hand down a ruling within six months.

First Amendment and journalism groups want to weigh in if the Florida Supreme Court takes up a case that could help shield the identities of law enforcement officers involved in use-of-force incidents.

Joseph Hatchett, the first Black justice on the Florida Supreme Court, lay in state Friday in the Supreme Court rotunda after his death last week at age 88.

Florida courthouses are relaxing some coronavirus restrictions while others remain in place.

The Florida Supreme Court on Thursday upheld the death sentence of Randall Deviney, a Jacksonville man convicted of murdering his one-time babysitter.

A legal battle about whether a 2018 constitutional amendment known as “Marsy’s Law” can shield the identities of police officers went to the Florida Supreme Court on Tuesday.

The first Black man to serve on the Florida Supreme court has died.

The Florida Supreme Court on Thursday rejected a proposed constitutional amendment aimed at allowing people to use recreational marijuana, saying it would be misleading to voters.

The Florida Supreme Court on Thursday unanimously upheld the conviction and death sentence of Donald James Smith, who raped and murdered 8-year-old Cherish Perrywinklle after kidnapping the girl from a Jacksonville Walmart in 2013.

JACKSONVILLE, Fla. – The ongoing struggles for Florida’s court system are taking a toll in major ways. They’re affecting everything from how much insurance companies are paying out to child support cases -- and those are just the beginning of the legal impacts of the coronavirus pandemic. That’s affecting things like child support cases, criminal cases and insurance claims. News4Jax spoke with numerous attorneys about the issue of backlogs. News4Jax spoke with Shannon Schott, who’s the president of the Northeast Florida Chapter of the Florida Association of Criminal Defense Lawyers.

JACKSONVILLE, Fla. – Former Jacksonville public defender Matt Shirk’s conditional guilty plea filed last month with the Florida Supreme Court was rejected. The suspension would have taken effect 30 days from the date of the final order, but the Supreme Court said it considered the conditional plea for consent judgment and rejected it. “The Florida Bar is hereby directed to prepare and file a formal complaint against Matt Shirk,” the Court wrote. The issues stem from Shirk’s time as a public defender in Jacksonville from 2009-2017. According to the conditional guilty plea, Shirk’s misconduct was “due, in part, to personal or emotional problems” and that he’s “deeply remorseful for his unprofessional behavior while serving as Public Defender.”

JACKSONVILLE, Fla. – Former Jacksonville public defender Matt Shirk is facing a six-month suspension from practicing law. If he wants to get back into law, it will require “proof of rehabilitation” prior to reinstatement. The suspension would take effect 30 days from the date of the final order, so he could close out the practice of law and protect the interest of existing clients. The suspension stems from Shirk’s time as a public defender from 2009-2017. According to the conditional guilty plea, Shirk’s misconduct was “due, in part, to personal or emotional problems” and that he’s “deeply remorseful for his unprofessional behavior while serving as Public Defender.”

There’s a potential legal problem for prosecutors in the state of Florida involving the constitutional right to a speedy trial. Now some defense attorneys are asking whether that’s constitutional and what it could mean for the backlog of cases. In August, a judge ruled prosecutors did not formally charge her quickly enough for a speedy trial and dismissed her charges. Prosecutors have argued the judge in Alachua County did not follow the state Supreme Court guidelines on the pandemic and have appealed the ruling. He said the state could feasibly prove that the pandemic does constitute a compelling state interest for the suspension of speedy trial.

News4Jax spoke with Schott concerning issues with courts being able to get enough people to respond to jury summons to seat a jury. It would have been the first jury seated in the county since the coronavirus pandemic began. There is a jury trial slated for Jan. 19 in a grand theft case, and jury summons will be going out in the next week. January 2021Jan. 19: 240 summons sent outJan. 25: 240 summons sent outNotes:Summons mailed on Dec. 8 - 34 excused so farOverall, this is an issue at least at the state level -- if not beyond. But she pointed out that it hasn’t been litigated yet and someone could feasibly challenge the Florida Supreme Court order.

TALLAHASSEE, Fla. – In a surprising ruling, the Florida Supreme Court has refused the state’s efforts to reinstate the death penalty for two convicted murders, and the decision will mean at least 100 other murderers facing death will get another chance at life in prison. In 2016, the Florida Supreme Court ruled that anyone sentenced to death by a less than unanimous jury after 2002 was entitled to a new sentence. Following that January ruling, the state moved to send two murderers back to death row on their old death sentence. Pete Mills is the Chair of the Florida Public Defenders Death Penalty Steering Committee. And if the state doesn’t want to seek the death penalty again, those convicted will remain in prison for life with no chance of parole.

TALLAHASSEE, Fla. – The Florida Supreme Court on Wednesday upheld the first-degree murder convictions and death sentences of a St. Johns County man accused in 2015 of fatally shooting his estranged wife and one of her friends. He also was convicted of murdering Lindy Dobbins, who was hiding behind a chest in a closet when she was shot, according to the Supreme Court opinion. Colley, now 40, was also convicted of attempted-murder charges related to two other people who escaped from the home. He had appeared in court less than two hours before the shootings on a violation of the domestic violence injunction. But the Supreme Court rejected that argument.

Moody’s office contended that the January Supreme Court decision backing away from the 2016 ruling should lead to reinstating the original death sentences instead of holding new sentencing hearings. But the Supreme Court on Wednesday said orders granting resentencing could not be undone. The Florida Supreme Court in October 2016, in the Hurst v. State decision, interpreted and applied the U.S. Supreme Court ruling. The state court required unanimous jury recommendations before death sentences could be imposed and dealt with a critical issue of jurors finding what are known as “aggravating factors” that can justify death sentences. The state Supreme Court subsequently said its decision in Hurst v. State should be applied retroactively to cases going back to 2002.

TALLAHASSEE, Fla. – Continuing to make major changes in the state’s death-penalty system, the Florida Supreme Court on Thursday scrapped a longstanding legal requirement of reviewing death sentences to determine if they are “disproportionate” punishment. Justices, in a 5-1 ruling, said such reviews are not authorized by state law and pointed to “erroneous precedent” by the Supreme Court. The majority ruling was one of a series of opinions this year in which the Supreme Court has reversed course on death-penalty and criminal legal precedents. As a result, no longer is this court required to review death sentences for proportionality. “In contrast, victims and the state have strong interests in this court’s upholding death sentences obtained in compliance with (a section of state law).

The Florida Supreme Court disbarred a Jacksonville attorney and disciplined three other Northeast Florida attorneys in recent court orders, The Florida Bar announced Thursday. They were among 11 attorneys disciplined statewide. Attorney Kevin Robert Monahan of Palatka was suspended for 10 days, effective 30 days after an Oct. 1 court order because the Supreme Court said he failed to appear in criminal court twice and his clients didn’t have their matters heard. He merged his law practice with another law firm, which ultimately took over the representation of these cases, The Bar said. The other attorneys disciplined were:

TALLAHASSEE, Fla. – The Florida Supreme Court dismissed a lawsuit on Wednesday that sought to nullify a proposed constitutional amendment that would open primaries to all voters regardless of party affiliation. While the Supreme Court approved Question 3 for the ballot in December, the lawsuit claimed new studies since then show the proposed amendment would hurt minority representation in government. The ballot question would style Florida elections similar to those in California. In Florida, all candidates for the state Legislature, Cabinet and governor would appear on the same primary ballot and then the top two candidates would move on to the general election. That could mean two Democrats or two Republicans face each other in the general election.

A last-minute bipartisan challenge seeking to invalidate the amendment is drawing fire from the Secretary of State. In a blistering response, the state calls the lawsuit too little too late. In its response, the state argues the pandemic already makes this election difficult and that not counting Amendment 3 votes would confuse voters. And the lawsuit represents an abuse of the process.”Both Republicans and Democrats behind the lawsuit say the arguments were expected. The All Voters Vote campaign believes just the presence of the lawsuit has already confused some voters.

TALLAHASSEE, Fla. – Trying to prevent the spread of COVID-19, Florida Supreme Court Chief Justice Charles Canady issued orders in March that suspended jury trials and other proceedings at courthouses across the state. But more than six months later, a North Florida appeals court is confronted with two cases about whether delays in prosecutors filing charges violated the rights of criminal defendants. The cases, filed this month at the 1st District Court of Appeal, are rooted in the rights of defendants to speedy trials. “Furthermore, the Florida Supreme Court’s administrative orders have no effect on the Office of the State Attorney’s ability to investigate its cases. But Pulliam’s attorneys argued that the charge could not be amended because the move came after the expiration of the 175-day speedy trial period.

Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections every six years so voters can determine whether they should remain on their courts for another six-year term. These are called “merit retention” elections. This year, one Supreme Court justice and 24 appeals court judges will be on the ballot, including five in the First District -- which includes Alachua, Baker, Bradford, Clay, Columbia, Duval, Hamilton, Nassau, Okaloosa, and Union counties, -- and the Fifth District -- which covers Flagler, Putnam and St. Johns counties. Florida District Courts of Appeal mapVoters are being asked whether or not to retain:Justice of the Supreme CourtCarlos G. MunizFirst District Court of AppealJoseph Lewis Jr. | Scott Makar | Rachel Nordby | Tim Osterhaus | Clay Roberts | Adam S. TanenbaumFifth District Court of AppealKerry I. Evander | Jamie Grosshans | John M. Harris | Richard B. Orfinger | Meredith Sasso | F. Rand WallisThese jurists don’t campaign for retention, but biographical information about them is compiled by The Florida Bar.

TALLAHASSEE, Fla. – Florida-born Barbara Lagoa is one of four or five women President Donald Trump is considering for the U.S. Supreme Court. Flags were at half staff Monday at the Florida Supreme Court where one of Ruth Bader Ginsberg’s possible successors once served. In 2006, then-Governor Jeb Bush tapped Barbara Lagoa to serve on the Third District Court of Appeal. Nine months later, President Trump nominated Lagoa for an opening on the U.S. 11th Circuit Court of Appeals. Based on our research, if nominated, Barbara Lagoa would be the only Florida-born person ever nominated for the nation’s highest court.

Circuit Judge Barbara Lagoa, of the United States Court of Appeals for the Eleventh Circuit, is shown in this official undated photo released by the Florida Supreme Court. So she’s got a lot of things — very smart,” Trump said in a call-in interview with “Fox and Friends.”Asked whether politics would play a role in the decision, Trump responded: “I try not to say so. Circuit Court of Appeals. Before that, for less than a year she was a justice on the Florida Supreme Court after more than a decade on a Miami-based state appeals court where she wrote some 360 opinions. She was the first woman of Hispanic heritage on the state Supreme Court.

“We had been getting in a good area as far as pending felony cases,” Public Defender Charlie Cofer said. State attorneys, lawyers and public defenders worked to resolve cases through plea deals and through virtual court hearings. Besides a growing caseload, the Public Defender’s Office and State Attorney’s Office were required to submit plans to the state in August to show what their operations might look like with significant budget cuts in place. The State Attorney’s Office was asked to detail the impact of an 8.5 percent budget reduction for the next fiscal year. The State Attorney’s Office plans to work with lawmakers and others to preserve current funding levels.

JACKSONVILLE, Fla. – Much like the rest of the country, Jacksonville’s justice system has struggled to function during the novel coronavirus pandemic. The Florida Supreme Court suspended jury trials– and inmates' constitutional rights to demand a speedy trial within five months was halted. But, others accused of more serious crimes, unable to afford bail and unable to present their case to a jury, were stuck until jury trials resume. Emails to Judge Mahon’s office were not immediately returned, but Cofer says the chief judge anticipates bringing in jurors and starting to have felony trials following the week of Oct. 5. The largest courtroom is expected to be used for jury selection to allow for social distancing.

TALLAHASSEE, Fla. – After getting skipped over for a seat on the Florida Supreme Court, appellate judges Lori Rowe and Timothy Osterhaus on Tuesday refused to disqualify themselves from a legal battle about a state order to reopen schools amid the COVID-19 pandemic. The Florida Education Association and other plaintiffs last week filed a motion requesting that Rowe and Osterhaus step aside from the case, which is pending at the 1st District Court of Appeal. Ron DeSantis — one of the defendants in the case — could consider them for a seat on the Supreme Court. Rowe and Osterhaus were on a short list of Supreme Court candidates submitted to DeSantis in January. But on Monday, DeSantis appointed 5th District Court of Appeal Judge Jamie Grosshans to fill the Supreme Court seat.