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Florida First District Court of Appeal: Difference between revisions

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Revision as of 17:36, 14 April 2015



The Florida First District Court of Appeal is one of five intermediate appellate courts in Florida. It is located in Tallahassee.[1]

Judges are appointed by the Governor and serve for at least one year before facing a retention election at the following general election. Once retained, they serve six-year terms, starting from the first Tuesday (after the first Monday) in the January following their retention election.[2][3]

Court

 
Florida First District Court of Appeal
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Court information
Judges:   15
Founded:   1957
Salary:  Associates: $223,318[4]
Judicial selection
Method:   Assisted appointment
Term:   6 years

Current judges

JudgeTermAppointed by
 Joseph Lewis
 L. Clayton Roberts
 Ross L. Bilbrey
 Lori S. Rowe
 Stephanie Williams Ray
 Timothy D. Osterhaus
 Susan Kelsey
 Thomas D. "Bo" Winokur
 Robert E. Long Jr.
 M. Kemmerly Thomas
 Rachel Nordby
 Adam Tanenbaum

[5]

Notable cases

Courtroom Weekly: Florida Showdown: College gun ban struck, December 19, 2013

Marissa Alexander freed on bail

Marissa Alexander, who was sentenced to prison on multiple counts of aggravated assault for firing a warning shot at her husband, was let out of prison on December 4, 2013. Her bond was set at $200,009. She has served approximately three years of her 20-year sentence, but she was recently granted a retrial.[6]


During a heated argument with her husband, Rico Gray, in 2010, Alexander fired a warning shot in the house. Her husband had previously been convicted of domestic violence, and Alexander had a restraining order against him. No one was injured as a result of the incident.[6]


Alexander tried to claim self-defense under Florida’s “stand your ground” law. A concealed carry permit holder, she kept a weapon in her vehicle.[7] She retreated to her car to retrieve a gun, returned the house, and fired the shot near Gray's head after the dispute escalated. According to the State, the statute does not apply if retreat can and has been successfully initiated.[7] Alexander had never been in trouble with the law before.[8]


Because of mandatory minimum statutes on firearms violence, Alexander was sentenced to 20 years in prison. Outcries of excessive punishment and racial bias arose immediately after the trial. Additionally, proximity to the George Zimmerman ruling, which highlighted racial tensions in Florida and also invoked self-defense laws successfully, added to the controversy of this case.[7] Judge James Daniel of the Florida Fourth Circuit Court handed down the original sentence in July of 2013.[8]


The Florida First District Court of Appeal determined in September 2013 that the burden of proof had been unfairly laden upon Alexander, and therefore she was not presumed innocent. The ruling resulted in a mistrial, requiring Alexander to be retried.[7][9][10][11]

For the previous story on Marissa Alexander, see: Courtroom Weekly: "Woman convicted for firing warning shot at husband gets a new trial," October 3, 2013

See also

References



Elections

2014

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2012

JudgeIncumbencyRetention voteRetention Vote %
Bradford Thomas     
Simone Marstiller     
Ronald V. Swanson     
Stephanie Williams Ray