The Florida Supreme Court is the highest Court in the State of Florida. It has limited jurisdiction to decide cases from Florida’s five District Courts of Appeal. Typically, the cases that will be heard by the Florida Supreme Court involve issues for which a conflict exists between two or more District Courts of Appeal or the issue of one determined to be of being utmost public importance.
The Florida Supreme Court is the final arbiter of issues of Florida’s criminal law, both the substantive statutes and the rules of criminal procedure. The Florida Constitution provides for many of the same constitutional rights as the United States Constitution, particularly as they relate to criminal law. For instance, the Florida Constitution protects Florida citizens from unreasonable searches and seizures, protections against deprivation of liberty and property without due process of law, right against self-incrimination, right to speedy trial, right to effective assistance of counsel, right to trial by jury, and protections against double jeopardy. The interpretations of these constitutional rights frequently mirror decisions by the United States Supreme Court, but they sometimes differ. Under the Florida Constitution, the Florida Supreme Court cannot be more restrictive in its interpretation of certain constitutional rights than the United States Supreme Court, but it can apply them more liberally. For instance, if the police executing a search warrant in Florida violate the “Knock and Announce” Rule, a defendant would not be able to suppress the fruits of that search in Federal Court because the United States Supreme Court would not allow it, but under the Florida Constitution, the defendant could suppress the evidence in the Florida Courts.
There are two types of criminal cases that are automatically reviewed by the Florida Supreme Court. The first category would be any District Court of Appeals that declared a Florida Statute in violation of the Florida Constitution. The second category would be all death-penalty cases.
If a defendant is sentenced to death, the case is automatically appealed to the Florida Supreme Court bypassing the District Court of Appeals. The same thing happens when a death-row inmate is pursuing post-conviction relief after his direct appeal has been denied.
The Florida Supreme Court has determined that the District Courts of Appeals are to be the final appeal for all but a limited number of cases. A District Court of Appeals can certify a conflict on a particular question of law to the Florida Supreme Court. This, in effect, is a request for guidance by the District Court of Appeals. It could be because of a conflict with another District Court of Appeals or because it is an issue deemed of great public importance. A District Court of Appeals case in Florida that is Affirmed, Per Curium, cannot be heard by the Florida Supreme Court.
If the District Court of Appeals has issued a written Opinion setting forth its reasoning behind the decision, the losing party seeking the review of the Florida Supreme Court must file, within ten days, a Notice of Intent to Invoke the Discretionary Jurisdiction of the Florida Supreme Court. The Florida Supreme Court will then request what are called Jurisdictional Briefs by the parties. The purpose of the Jurisdictional Brief is to convince the Florida Supreme Court to take the case. If jurisdiction is granted, additional legal briefs will be requested as well as Oral Argument.
The Florida Supreme Court does grant, in its discretion, Oral Argument. Oral Argument takes place at the Florida Supreme Court Courthouse in Tallahassee, Florida. Oral Arguments are videotaped.
Charles G. White has practiced before the Florida Supreme Court many times. He has argued two death-penalty cases, and several non-capital cases. Examples of cases that he has won before the Florida Supreme Court are McLin v. State, Calabro v. State, and Fratello v. State.
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