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Topic: Florida Supreme Court


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In the News (Tue 15 Dec 09)

  
  Florida Supreme Court - Wikipedia, the free encyclopedia
The Florida Supreme Court is the highest court in the State of Florida.
Notably, arguments before the Florida Supreme Court in the 2000 presidential election cases were the first appellate proceedings in history broadcast live in their entirety on major television networks in the United States and throughout the world.
Questions of law certified by the United States Supreme Court or a United States Court of Appeals as determinative of a cause before them, for which there is no controlling precedent by the Florida Supreme Court.
en.wikipedia.org /wiki/Florida_Supreme_Court   (1518 words)

  
 Florida Supreme Court
Florida’s laws regarding elections and election disputes are vague and contradictory if one assumes that the county filing deadline under Section 102.112 renders the counties manual recount options under Section 102.166 after November 14.
The Florida Supreme Court overturned that decision because it argued that Harris has to exercise her discretionary powers under 102.112 in a way that recognizes other provisions, such as those in 102.166.
However, the Florida Supreme Court took it a step further and actually interpreted these two provisions in a way that they felt was consistent with the entire statutory scheme (including the contest provisions under 102.168) and other concerns like the Dec. 12 deadline.
www.geocities.com /floridavotecount/flsupreme.html   (1093 words)

  
 BUSH v. GORE
The Supreme Court noted that petitioner, Governor George W. Bush asserted that the net gain for Vice President Gore in Palm Beach County was 176 votes, and directed the Circuit Court to resolve that dispute on remand.
Rejecting the Circuit Court’s conclusion that Palm Beach County lacked the authority to include the 215 net votes submitted past the November 26 deadline, the Supreme Court explained that the deadline was not intended to exclude votes identified after that date through ongoing manual recounts.
The judgment of the Supreme Court of Florida is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
supct.law.cornell.edu /supct/html/00-949.ZPC.html   (3306 words)

  
 FLORIDA'S SUPREME COURT
For example, as asserted by FSC Justice Harding in his dissent in the second FSC case, "at the trial stage, the [Democratic appellants in the second case] failed to carry their requisite burden of proof and thus are not entitled to relief." FSC should have affirmed this finding.
The FSC ignored this fact and also the fact that in the Illinois case the dented ballots were not counted.
Florida Chief Justice Wells in the second FSC decision aptly summed up the problems with the FSC's processing of both its cases when he asserted that the majority's decision "has no foundation in the law of Florida." Such a decision is clearly judicial activism.
www.eagleforum.org /court_watch/12-12-00/ussc.shtml   (975 words)

  
 Florida Supreme Court Library   (Site not responding. Last check: 2007-10-26)
The Supreme Court Library is open to the public Monday - Friday, excluding Court Holidays, from 8 a.m.
Early Court records indicate the Supreme Court Library, which is now located in the south wing of the Supreme Court Building, has been in existence since 1845.
The Supreme Court Library, the oldest state supported library in Florida, is primarily one for legal research; it was originally designed for the use of the Supreme Court and the attorneys who practice before it.
library.flcourts.org   (325 words)

  
 Strauss, Bush v Gore: What Were They Thinking?
The Supreme Court explained its remand by saying that “[t]here are expressions in the opinion of the Supreme Court of Florida that may be read to indicate that it construed the Florida Election Code without regard to the extent to which the Florida Constitution could, consistent with Art.
The Court’s formulation of the reason for vacating the Florida Supreme Court’s decision—“we are unclear as to the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature’s authority under Art.
Even if the Florida Supreme Court was doing so, that would not by itself justify the actions of the United States Supreme Court: one of the consequences of a federal system of government is that sometimes state authorities will abuse their power in ways that the federal government is powerless to correct.
press-pubs.uchicago.edu /sunstein/chapter9.html   (7328 words)

  
 Florida Supreme Court Briefs - FSU College of Law Library
Access to the records of the judicial branch is governed by Florida Rule of Judicial Administration 2.051, entitled "Public Access to Judicial Records." In the absence of an exemption under FRJA 2.051, judicial records are subject to disclosure.
Questions should be directed to the Florida Supreme Court which is responsible for the records that it releases to the public.
The Florida Supreme Court Briefs and Opinions page is under construction.
www.law.fsu.edu /library/flsupct   (223 words)

  
 BBC News | AMERICAS | Go-ahead for Palm Beach recount
The Florida Supreme Court ruled that Palm Beach and two other counties could proceed with a hand recount of ballots in one of three court cases that could decide the result of the US presidential election.
Another Florida court is due to rule on Friday on a Democratic motion seeking to overturn her decision.
In a third case, a Federal appeals court is considering a move by lawyers for George W Bush, the Republican candidate, to end all recounts in Florida.
news.bbc.co.uk /hi/english/world/americas/newsid_1026000/1026663.stm   (650 words)

  
 Florida Supreme Court hearing
And we think that is the issue that is before the court now, which is a contest of that election, where we have identified separately five groups of ballots that we believe either should have received and were not, or in one case, were received and should not have been, under specific Florida state law.
This court gave the plaintiffs the opportunity to have a trial to prove their case, and it was an absolute failure in the record of this case to establish an abuse of discretion by any of the challenged canvassing boards.
And this court cannot reverse the lower court judge unless there is a complete lack of substantial, competent evidence in the record to support his decision, regardless of the standard.
www.jsonline.com /election2000/dec00/transcript1207.asp   (9077 words)

  
 Florida Supreme Court Violated Constitution, Bush Team Says   (Site not responding. Last check: 2007-10-26)
The Gore camp insists that the Florida Supreme Court's action was a proper interpretation of the law as enacted by the legislature.
Though both sides have now raised the side issue in their briefs, the U.S. Supreme Court has not agreed to answer the question of whether the state legislature could pick Florida's electors if a final choice by the voters is not made clear.
Gore's "response" brief to the U.S. Supreme Court Thursday argued that the Florida Supreme Court's action "did not enact new law or abrogate existing legislation," as charged by the Bush camp, and that the action did not violate either federal law or the Constitution.
www.newsmax.com /archives/articles/2000/11/30/163945.shtml   (1000 words)

  
 Online NewsHour: The Florida Recount Supreme Court Case -- November 28, 2000
Shields and Gigot assess the political ramifications of the Florida Supreme Court decision.
For the Supreme Court to accept that claim, to second guess the state Supreme Court in the interpretation of its own law would have broad consequences for ordinary statutory interpretation which is what the Supreme Court does all the time.
This statute passed in the wake of the Hayes-Tilden debacle was inspired by a wrongheaded decision to appoint Supreme Court Justices and Congressmen and Senators to judge the plausibility of Florida's election returns.
www.pbs.org /newshour/bb/election/july-dec00/law_11-28.html   (2090 words)

  
 Law.com - Physicians Get No Help From Fla. Justices in Capping Trial Lawyers' Fees
The amendment was spearheaded by the Florida Medical Association, which touted it as a cure for an alleged rash of frivolous medical negligence lawsuits brought by patients and lawyers in search of jackpot judgments.
Normally, the court directs the Bar to devise the rules, which are ultimately promulgated with the court's blessing.
He also asked that, if the court ruled that the amendment is, in fact, retroactive, the justices should consider the necessity for "emergency special procedures" to govern court proceedings, attorneys' professional responsibility and pre-suit requirements.
www.law.com /jsp/article.jsp?id=1102543077988   (897 words)

  
 University of Miami School of Law: Florida Case/Court Research Guide
Florida’s state court system is comprised of 67 County Courts; 20 Circuit Courts; 5 Courts of Appeals; and the Supreme Court.
The Supreme Court is the state’s highest judicial authority.
County courts are the scene of more mundane legal matters, such as traffic violations and small claims court.
library.law.miami.edu /floridacaseguide.html   (1021 words)

  
 Florida Monitor: Supreme Court
The court conducts mandatory reviews of final orders of lower courts that have imposed the death penalty; district court decisions declaring a state statute or provision of the state constitution invalid; bond validations; and actions of statewide agencies relating to public utilities.
The court regulates admission of attorneys to the practice of law and discipline of attorneys admitted to the bar.
Various rules which govern the operation of the Florida Bar, and all courts in Florida, whether criminal or civil, trial or appellate, in all areas of the law, are proposed to the Florida Supreme Court by the Florida Bar and adopted by the Court in written opinions.
www.oppaga.state.fl.us /profiles/1014/print.asp   (1237 words)

  
 US Supreme Court vacates Florida Supreme Court
The Supreme Court of the State of Florida interpreted its elections statutes in proceedings brought to require manual recounts of ballots, and the certification of the recount results, for votes cast in the quadrennial Presidential election held on November 7, 2000.
The Supreme Court, with the expedition requisite for the controversy, issued its decision on November 21.
We are also unclear as to the consideration the Florida Supreme Court accorded to 3 U. The judgment of the Supreme Court of Florida is therefore vacated, and the case is remanded for further proceedings not inconsistent with this opinion.
www.daveross.com /scotus1204.html   (1171 words)

  
 CNN.com - Florida Supreme Court disbars F. Lee Bailey - November 21, 2001
MIAMI, Florida (CNN) -- The Florida Supreme Court ordered Wednesday that defense attorney F. Lee Bailey, who gained prominence through high-profile cases such as the O.J. Simpson trial, be disbarred from practicing law in the state.
The Florida Bar had filed a complaint against Bailey, alleging seven counts of misconduct related to the lawyer's handling of stock worth nearly $6 million owned by a former client, convicted drug dealer Claude Duboc.
According to the court, the stock was given to Bailey for a limited period, and he was to use the funds to deal with the forfeiture of Duboc's French properties and other assets.
archives.cnn.com /2001/LAW/11/21/bailey.disbarred   (390 words)

  
 News - Florida Supreme Court Helped to Fund ACLU - Center for Reclaiming America
The Center for Reclaiming America for Christ has uncovered documents revealing that the Florida Supreme Court is responsible for helping to fund the ACLU of Florida — using interest from legal trust funds generated by unsuspecting home buyers, heirs, and legal awards and settlements.
Incredibly, the Florida Supreme Court approved these appropriations, despite the fact that the Court often issues rulings in cases argued by the ACLU’s legal director.
However, the truth is that the ACLU has used the government (the Florida Supreme Court) to operate a multi-million dollar foundation which strips monies from unsuspecting Floridians so that it can fund legal efforts to oppose common sense legislation passed by the elected representatives of those same unsuspecting citizens.
www.reclaimamerica.org /Pages/News/newspage.asp?story=2792   (777 words)

  
 Florida Supreme Court is Political, Liberal, Democratic, and Pro-Minority
Justice Anstead was raised in Jacksonville, Florida's Brentwood housing project, and was a founder and leader of the Urban League of Palm Beach County.
Justice Barbara J. Pariente - Justice Barbara J. Pariente was appointed as the seventy-seventh Justice of the Florida Supreme Court on December 10, 1997, by Democratic Governor Lawton Chiles.
Quince was appointed to the Florida Supreme Court jointly by both the outgoing Gov. Lawton Chiles and by the newly elected Gov. Bush.
www.adversity.net /florida/FL_Supreme_Justices.htm   (850 words)

  
 CNN.com - Bush camp tries to halt Florida recounts - December 8, 2000
The federal court of appeals said it would rule on the request Saturday morning, and attorneys for Gore are expected to file a response with the nation's high court Saturday morning.
Florida Supreme Court hears arguments on Gore's appeal of a circuit court ruling against a manual recount of disputed ballots (December 7)
Florida's 25 electoral votes are the balance that will determine who wins a presidential contest still in dispute one month after the November 7 election that gave Gore a 337,576-vote lead in the popular vote.
archives.cnn.com /2000/ALLPOLITICS/stories/12/08/president.election   (1834 words)

  
 Notable Decisions of the U.S. Supreme Court, 2000–2001 Term   (Site not responding. Last check: 2007-10-26)
Court rules unanimously that a witness does not lose his right to avoid self-incrimination by claiming to have had no involvement in a crime.
The shifting of the Supreme Court of Georgia's death penalty decisions from 1998-2003.
The Supreme Court and foreign sources of law: two hundred years of practice and the juvenile death penalty decision.
www.infoplease.com /ipa/A0878702.html   (949 words)

  
 Florida Supreme Court
Comments on Group 3 of the Report on Privacy and Court Records are on-line.
The Clerk's Office is the place to find information on all pending cases currently before the Supreme Court, such as briefs, disposition orders, and review granted orders, as well as more general information such as administrative orders, ADA information, and even directions to the courthouse.
A repository of official Supreme Court documents - opinions (written decisions on cases including the Court's reasoning for its decisions), amendments to Florida's court rules, proposed amendments, official reports, and links to external archives of Court materials.
www.floridasupremecourt.org   (415 words)

  
 Supreme Court: Provisional ballots in wrong precinct don't count [FL]   (Site not responding. Last check: 2007-10-26)
The court said that the law clearly states that provisional ballots must be counted only if the person was entitled to vote "at the precinct," and that the constitution gives the Legislature the authority to dictate voting rules.
The court disagreed, saying that requiring provisional voters vote at the correct precinct is no more unreasonable than requiring that everyone else vote at the right polling place.
IIRC, the Ohio decision was by a Federal district Court, the lowest on the Federal totem pole.
www.freerepublic.com /focus/f-news/1248813/posts   (2898 words)

  
 Common Cause Blog :: Florida Supreme Court Disappoints
Despite the great efforts of the Committee for Fair Elections, the Florida Supreme Court ruled in against the Redistricting Amendment.
The result is bizarrely shaped, uncompetitive districts that senselessly separate Florida's cities, counties and neighborhoods.
Passage of Amendment 5 would have ensured that Florida would have compact districts that represent existing communities and it would have removed politicians from the process of drawing their own districts.
www.commonblog.com /story/2006/3/23/12923/2450   (752 words)

  
 Court Decisions and Rules   (Site not responding. Last check: 2007-10-26)
Opinions from the Florida Supreme Court are listed chronologically by year.
Florida Supreme Court Orders can be found on the Clerk's Office webpage.
Court Opinion regarding the Report of the Family Court Steering Committee - May 3, 2001
www.floridasupremecourt.org /decisions/index.shtml   (180 words)

  
 FindLaw's Writ - Katyal: Protecting And Preserving Florida’s Process
In my view, the crux of Vice President Gore’s position in the United States Supreme Court is that the state of Florida has made a choice about how to resolve election disputes.
Column continues below ↓ The Florida legislature obviously didn’t mean to cut off the voice of the people seven days after an election, and the Florida Supreme Court was right to say so.
Florida chose to include the state courts in its process.
writ.news.findlaw.com /commentary/20001201_katyal.html   (1028 words)

  
 TIME.com: They Who Must Decide: The Florida Supreme Court -- Page 1
The seven members of Florida's top court are once again in the spotlight.
Democrats, having been (mostly) at the favorable end of the court's earlier decision — and aware that the justices are, with one exception, all Democrat appointees — are hopeful that they will once prevail.
First off, Florida doesn't follow a blanket "appointment" routine; when a seat is empty, a nonpartisan judicial nominating committee consisting of interested citizens, gubernatorial appointees and attorneys presents three judges' names to the governor, who chooses one.
www.time.com /time/nation/article/0,8599,88402,00.html   (695 words)

  
 (CNN) Florida Supreme Court orders recount
The Bush campaign is expected to appeal the ruling to the U.S. Supreme Court.
The high court said the standard to be used to count votes "is the one to be
Florida's 25 electoral votes are the balance that
www.apfn.net /Messageboard/12-16-00/mbs.cgi.3221.html   (567 words)

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