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Daily News Summary

The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.

October 13, 2020

  1. The Florida Bar

    CRIMINAL LAW SECTION SEARCHES FOR WAYS TO MENTOR YOUNG STATE ATTORNEYS AND PUBLIC DEFENDERS

    The Florida Bar | Article | October 13, 2020

    Criminal Law Section leaders are concerned that the COVID-19 pandemic is denying young prosecutors and public defenders the mentoring they need to succeed. “They’re learning to become lawyers in their kitchens by themselves,” 11th Circuit Judge Angélica Zayas told an Oct. 9 meeting of the CLS executive council. The council discussed various proposals for nurturing the future of the criminal trial bar, from improving section representation on the 52-member Board of Governors to assigning more liaisons to Bar rules committees and attracting younger members.

  2. Judiciary

    FOUR SECOND DISTRICT COURT OF APPEAL JUDGES UP FOR RETENTION ELECTION NOV. 3

    Fort Myers News Press | Article | October 12, 2020

    Four of the 16 judges who comprise the Florida Second District Court of Appeal are up for a merit retention election on Nov. 3. The Second DCA judges — J. Andrew “Drew” Atkinson, Morris Silberman, Daniel H. Sleet and Andrea Teves Smith — preside over cases from 14 counties, including Lee, Collier and Charlotte, and five judicial districts, including the 20th. The Second District Court of Appeal, one of the original three appellate regions created in 1956, is headquartered in Lakeland.

  3. Criminal Justice

    WHAT IS RESTORATIVE JUSTICE AND HOW CAN IT CHANGE THE CRIMINAL JUSTICE SYSTEM?

    Bay News 9 | Article | October 12, 2020

    Restorative justice allows the victim to take on a larger role in determining the consequences, often including a meeting with the offender. In exchange, the offender may receive a lesser punishment. And the hope is that by showing the harm caused by the crime, it makes that offender less likely to commit the same act again. It’s gained traction in recent years in some district attorney’s offices, with some promising results.

  4. Civil Justice

    TREASURE COAST VETERAN’S MILITARY RAPE CASE TO BE HEARD BY SUPREME COURT

    WFLX | Article | October 12, 2020

    The U.S. Supreme Court will hear Treasure Coast Air Force veteran Harmony Allen’s case Tuesday [today] after she has been trying for years to get justice for being raped in the military. In 2000, Allen said she was beaten and raped by her instructor, Master Sgt. Richard Collins. However, she kept Collins’ name a secret for more than 10 years. In  2014, Allen named Collins and he was eventually convicted of rape, battery, and assault. But he won on appeal, with a military court saying the case should have been prosecuted within five years of being reported. The justices will decide whether there is a five-year statute of limitations for rape charges and convictions in the military.

  5. Civil Justice

    CNN MUST TURN OVER ‘HEART MOM’ INFO IN LAWSUIT BY ST. MARY’S DOCTOR

    Palm Beach Post | Article | October 09, 2020

    In its exposé on infant deaths in the pediatric heart surgery program at St. Mary’s Medical Center, CNN used a “heart mom,” a mother of a child with a heart defect, who infiltrated the hospital and gathered intel for the story. Now the Fourth District Court of Appeal says CNN must turn over emails and texts with the woman to heart surgeon Dr. Michael Black, who is suing CNN  for defamation and attempting to pierce the shield journalists use to protect vital sources for their investigations. CNN cited Florida statutes that give reporters a shield not to disclose the identity of any source they use to gather the news. But a Palm Beach County Special Court magistrate showed that Black met the exceptions to the rule regarding court evidence.

  6. Judiciary

    FEDERAL APPEALS COURT UPHOLDS DOCTOR CONVICTION IN OPIOID CASE

    WUSF | Article | October 12, 2020

    A federal appeals court on Friday [Oct. 9] upheld the conviction and sentence of a former Indialantic physician who was accused of prescribing excessive amounts of oxycodone to patients. The Eleventh U.S. Circuit Court of Appeals rejected a series of arguments raised by John Gayden Jr., who was convicted of seven counts of unlawful distribution of a controlled substance and sentenced to 235 months in prison. One of the issues in the appeal involved law enforcement’s use of a state prescription-drug database, known as the Prescription Drug Monitoring Program, to review prescription records.

  7. Legal Profession

    CHALLENGER IN STATE ATTORNEY RACE BACKPEDALS ON COURTROOM EXPERIENCE CLAIMS

    Sarasota Herald Tribune | Article | October 12, 2020

    Challenger Betsy Young has touted her courtroom experience as one of the reasons voters should choose her over incumbent Ed Brodsky in the Twelfth Circuit State Attorney race. Young has claimed to have handled more than 150 jury trials, but the actual number of jury trials since she was admitted to the bar is 34: 18 jury trials when she worked in Leon County and 16 in Sarasota. Young attributed the error to incorrect information in an initial news release.

  8. Judiciary

    15 LAWYERS SEEK TO FILL A VACANCY ON THE POLK COUNTY COURT

    The Ledger | Article | October 12, 2020

    When the nine-member Judicial Nominating Commission for the Bartow-based Tenth Judicial Circuit meets later this month, the group will interview 15 candidates seeking to fill a vacancy on the Polk County Court. Four are prosecutors in the three-county judicial circuit, and another three are lawyers with the circuit’s Public Defender’s Office. The commission will interview the candidates Oct. 21, and send the names of six nominees to Gov. Ron DeSantis, who will appoint a county judge from that list.

  9. Legal Discipline

    ‘I’LL HAVE YOUR REAR END SANCTIONED’: INSURANCE DEFENSE LAWYER SPARS WITH PLAINTIFF, OPPOSING COUNSEL

    Daily Business Review | Article | October 12, 2020

    The Florida Bar has accused insurance defense attorney Curtis Lee Allen of misconduct over a testy deposition and litigation during which a judge had to “resort to a discipline strategy typically reserved to parents separating bickering siblings,” according to a complaint filed by the Bar Wednesday [Oct. 7] at the Florida Supreme Court. Allen has not yet filed a response.

  10. Legal Discipline

    STEALING $550,000 AND OTHER BEHAVIORS GOT THESE FORT LAUDERDALE ATTORNEYS DISCIPLINED

    Miami Herald | Article | October 12, 2020

    Three Fort Lauderdale attorneys comprise South Florida’s representation on the most recent Florida Bar report of attorneys disciplined by the state Supreme Court. They are James Potts; Sean Sheppard; and Kenneth Trent.

  11. Civil Justice

    NEW PODCAST SERIES EXPLORES 2000 PRESIDENTIAL RECOUNT

    Orlando Sentinel | Article | October 11, 2020

    “Meet the Press” and the program’s moderator Chuck Todd released a new, five-part podcast series re-examining the historic 2000 presidential recount and how it’s still relevant. The “Florida, Florida, Florida” podcast explores 10 lessons learned from Bush v. Gore and the Florida recount in the presidential race between George W. Bush and Al Gore that could play a role in the 2020 election.

  12. Tech Tip

    NEW FEATURES IN ZOOM BREAKOUT ROOMS

    The Florida Bar | Tech Tip | October 13, 2020

    Zoom Breakout Rooms have become essential parts of most large group meetings and virtual jury selections. Participants can now choose to move between the Breakout Rooms without having to wait for the host to assign them one. Hosts can also pre-assign Breakout Rooms and can still create Breakout Rooms within a meeting. Visit Zoom’s blog post on these new features for more details.

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