Well, the week has already flown by and I’ve not had a chance to post anything. Nevertheless, I thought I’d take a moment to mention a few cases that are pending in the Florida Supreme Court that might be of interest to the criminal defense and criminal appeals lawyers in the State of Florida.
(1) City of Orlando v. Udowychenko et al., No. SC12-1471: Although this is a civil case, it is important for criminal defense lawyers, since this is a case that appears to address a municipality’s authority to enact red light ordinances. The City of Orlando only filed its jurisdictional brief on July 31, 2012, so this case is just getting started. We will have to wait to see if the Supreme Court accepts jurisdiction. For a link to the docket, click here. To see the City of Orlando’s jurisdictional brief, click here.
(2) State v. Catalano, No. Sc11-1166. This is a case challenging the constitutionality of ordinances that restrict the volume of car stereos. To see the docket, click here. To see the initial brief, answer brief, reply brief, or amicus brief filed by the ACLU, click here. Oral argument was held on February 9, 2012.
(3) Ulloa v. CMI, Inc., No. Sc11-2291. Criminal defense lawyers will no doubt recognize the name of Respondent/Appellee CMI, as the manufacturer of breathalyzer equipment used in DUI cases in Florida. The case concerns the issue of obtaining discovery from CMI, a corporation located in the State of Kentucky, but doing business in Florida. To view some of the briefs in the case, click here. To see the docket, click here. This case has a long way to go before a decision is reached. According to the docket, Ulloa’s Initial Brief on the Merits was due on July 26, 2012.
(4) In 11th Circuit Public Defender v. State of Florida, SC10-1349 and SC09-1181, the Court is considering the issue of the Public Defender’s office right to decline representation in felony cases because of budgetary issues. For the briefs, click here and here. For the dockets, click here and here. Oral argument was held on June 7, 2012.