Yesterday, we had opinions from the First (1), Second (4), Third (4), and Fourth DCAs (8), while the Florida Supreme Court continued its ten-a-day Hitchcock pace. There’ve been 70 Hitchcock orders since Monday, January 22.
Branch files motion to stay execution
At the Florida Supreme Court, Eric Branch filed a motion to stay execution. Branch is under a death warrant and scheduled for execution on February 22. His motion asks the court to issue a stay while he files a petition for cert to SCOTUS following last week’s Hitchcock order in his case. We’ll keep you posted.
Conflict certified over business records exception
At the Second DCA, Judge Silberman gave a blueprint opinion on how to get business records into evidence through a records custodian. The court disagreed with the Fourth DCA’s handling of the issue in a 2016 case, stating that the Fourth DCA essentially removed the burden-shifting component of the rule and placed too much of the onus on the proponent. Under the Second DCA’s opinion yesterday, it is easier to lay the foundation before the burden shifts to the other side to challenge the records-custodian’s qualifications (unless, of course, you have a case in the geographical boundaries of the Fourth District).
Pardon the hyper-technical issue. But it’s a helpful opinion to practitioners. Time will tell whether the Florida Supreme Court wants to chime in on the certified conflict.
Dissent in the Districts!
Looking at you, Florida Supreme Court
Today’s Thursday, which is the regular release day at the Florida Supreme Court. Once they release, we’ll retweet the link. Same goes for the First DCA should they have anything for us–@fla_ct_rev.