Florida Supreme Court to Decide if People who act in Self-Defense will continue to be "Guilty Until Proven Innocent".
Because, as observed in Judge Schumann's thoughtful concurring opinion, the burden of proof issue was not the primary focus of the Dennis opinion, we certify the following question for consideration by the Florida Supreme Court:
ONCE THE DEFENSE SATISFIES THE INITIAL BURDEN OF RAISING THE ISSUE, DOES THE STATE HAVE THE BURDEN OF DISPROVING A DEFENDANT’S ENTITLEMENT TO SELF-DEFENSE IMMUNITY AT A PRETRIAL HEARING AS IT DOES AT TRIAL?
5th District Court of Appeals Order and Questions Certified to the Florida Supreme Court
Florida Supreme Court Case Number: SC13-2312
| Date | Description | Filed By | Notes |
| 12/09/2013 | ACKNOWLEDGMENT LETTER-NEW CASE | Supreme Court Florida FSC BY: Supreme Court Florida FSC | |
| 04/15/2014 | ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) | Supreme Court Florida FSC BY: Supreme Court Florida FSC | The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. Petitioner's initial brief on the merits shall be served on or before May 12, 2014; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before June 16, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fifth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record. |
| 05/02/2014 | MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) | PT Jared Bretherick BY: PT Eric J. Friday 797901 | |
| 05/06/2014 | ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) | Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 11, 2014, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly. | |
| 05/22/2014 | RECORD/TRANSCRIPT | Hon. Pamela R. Masters, Clerk D5 BY: Hon. Pamela R. Masters, Clerk D5 | Multiple |
| 06/11/2014 | INITIAL BRIEF-MERITS | PT Jared Bretherick BY: PT Eric J. Friday 797901 | |
| 06/17/2014 | MOTION-AMICUS CURIAE | MP National Rifle Association Of America NRA BY: MP John C. Frazer 109993 | FILED AS MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLANT BY NATIONAL RIFLE ASSOCIATION OF AMERICA |
| 06/20/2014 | ORDER-AMICUS CURIAE GR | The motion for leave to file brief as amicus curiae filed by National Rifle Association of America is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c). | |
| 06/23/2014 | MOTION-AMICUS CURIAE | MP Florida Carry, Inc. BY: MP Lesley Mckinney 67976 | FILED AS FLORIDA CARRY, INC'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF |
| 06/23/2014 | AMICUS CURIAE FLORIDA CARRY BRIEF-MERITS | MP Florida Carry, Inc. BY: MP Lesley Mckinney 67976 | |
| 06/23/2014 | AMICUS CURIAE NRA BRIEF-MERITS | MP National Rifle Association Of America NRA BY: MP John C. Frazer 109993 | BRIEF OF AMICUS CURIAE NATIONAL RIFLE ASSOCIATION OF AMERICA IN SUPPORT OF APPELLANT |
| 06/30/2014 | ORDER-AMICUS CURIAE GR | The motion for leave to file brief as amicus curiae filed by Florida Carry, Inc. is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 23, 2014. | |
| 07/03/2014 | MOTION-TOLL TIME | WITH MOTION FOR EXTENSION OF TIME (30 Days) | |
| 09/23/2014 | Order Setting Oral | The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, December 2, 2014. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. |
