Florida First District Court of Appeal
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 | |||
| Court information | |||
| Judges: | 15 | ||
| Founded: | 1957 | ||
| Salary: | Associates: $223,318[4] | ||
| Judicial selection | |||
| Method: | Assisted appointment | ||
| Term: | 6 years | ||
Current judges
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
- Florida Second District Court of Appeal
- Florida Third District Court of Appeal
- Florida Fourth District Court of Appeal
- Florida Fifth District Court of Appeal
References
- ↑ Official website of the First District Court of Appeal
- ↑ Florida Constitution, Article V, Section 10 & 11
- ↑ Florida Division of Elections: FAQ Scroll to "Candidates: How are judges elected in Florida and what are their terms?"
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ The Judges of The First District Court of Appeal
- ↑ 6.0 6.1 MSNBC, "Marissa Alexander released from jail for thanksgiving," by Morgan Whitaker, November 28, 2013
- ↑ 7.0 7.1 7.2 7.3 Daily Mail, "Florida woman sentenced to 20 years for firing warning shot at husband is released as she awaits new trial," November 28, 2013
- ↑ 8.0 8.1 CBS News, "Florida mom gets 20 years for firing warning shots," July 15, 2013 (Date accessed December 12, 2013)
- ↑ 'Jacksonville Herald, "Marissa Alexander released from Prison," November 28, 2013 (dead link)
- ↑ Jacksonville.com, "Marissa Alexander released from jail," November 28, 2013
- ↑ The Florida Times-Union, "Marissa Alexander trial date postponed to Dec. 1," June 10, 2014
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
Elections
2014
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2012
| Judge | Incumbency | Retention vote | Retention Vote % |
|---|---|---|---|
| Bradford Thomas | |||
| Simone Marstiller | |||
| Ronald V. Swanson | |||
| Stephanie Williams Ray |