DOCSLIB.ORG

10-27-03 Answer Brief in Sup Ct FORMATTED for FL SUP

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
10-27-03 Answer Brief in Sup Ct FORMATTED for FL SUP IN THE SUPREME COURT OF FLORIDA Case No. SCO3-128 L.T. Case No.’s: 4D02-2353 AND 4D02-2401 (consolidated) Glenda E. Hood, Secretary of v. Rep. Corrine Brown, State of the State of Florida, Rep. Alcee Hastings, Rep. Carrie Meek, and Sallie Stephens, Petitioner Respondents ON PETITION FOR DISCRETIONARY REVIEW OF A DECISION OF THE DISTRICT COURT OF APPEAL, FOURTH DISTRICT BRIEF OF RESPONDENTS ON JURISDICTION Filed on behalf of the Respondents by: Colleen Kathryn O’Loughlin, Attorney at Law Ephraim R. Hess, Attorney at Law J. Gerald Hebert, Attorney at Law Paul M. Smith, Attorney at Law Sam Hirsch, Attorney at Law Katherine A. Fallow, Attorney at Law TABLE OF CONTENTS TABLE OF AUTHORITIES……………………………………………………...iii STATEMENT OF JURISDICTION…………………………………………...…..1 STATEMENT OF THE CASE AND THE FACTS.................................................1 SUMMARY OF THE ARGUMENT........................................................................3 ARGUMENT I. THE DECISION BELOW DID NOT EXPRESSLY CONSTRUE A PROVISION OF THE STATE OR FEDERAL CONSTITUTION; THUS, THIS COURT DOES NOT HAVE JURISDICTION UNDER FLA. CONST. ART. V, §3(b)(3) TO REVIEW THIS CASE………………………………………...4 II. THE DISTRICT COURT DID NOT CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE; THUS, THIS COURT DOES NOT HAVE JURISDICTION UNDER FLA. CONST. ART. V, §3(b)(4) TO REVIEW THIS CASE…………………8 III. THIS COURT DOES NOT HAVE JURISDICTION TO ADDRESS THE MERITS OF THIS CASE…………………..8 IV. THERE IS NO CASE OR CONTROVERSY FOR THIS COURT TO ADJUDICATE, AND THIS CASE SHOULD BE DISMISSED…………………………………………………...9 CONCLUSION.......................................................................................................10 CERTIFICATE OF SERVICE................................................................................12 CERTIFICATE OF COMPLIANCE.......................................................................12 SERVICE LIST…………………………………………………………………...13 ii TABLE OF AUTHORITIES CASES Allstate Ins. Co. v. Langston, 655 So.2d 91 (Fla. 1995)……………….…………...8 Armstrong v. Tampa, 106 So. 2d 407 (Fla. 1958)……….…………………………5 Brown v. Butterworth, Case Nos. 4D02-2353 and 4D02-2401, Slip Op. (Fla. 4th DCA 2002)………………………………2 Department of Revenue v. David Kuhnlein, 646 So. 2d 717 (Fla. 1994)................10 Florida Senate v. Forman, 27 Fla. L. Weekly S733 (Fla. 2002)…………………..6 Interlachen Lakes Estates, Inc. v. Brooks, 341 So. 2d 993 (Fla. 1976)..................10 Miami Herald Publishing Co. v. Brautigam, 121 So. 2d 431 (Fla. 1960)………….5 Ogle v. Pepin, 273 So. 2d 391 (Fla. 1973)………………...…………………5 and 9 United States v. Dahlberg, 120 So. 2d 585 (Fla.1960)………………………8 and 9 STATUTES Fla. Const. Art. III §16……………………………………..………………………6 Fla. Const. Art. IV, §1 (c)………………………….………………..……………10 Fla. Const. Art. V, §3(b)(3)………………....………..……ii, 1, 3, 4, 5, 7, 9 and 10 Fla. Const. Art. V, §3(b)(4)………...………………….…..….……ii, 3, 8, 9 and 10 RULES Fla. R. App. P. 9.030…………….............................................................................4 Fla. R. App. P. 9.120…………………..……………………………………..8 and 9 Fla. R. App. P. 9.210(a)(2)……………………………………………………..…12 iii STATEMENT OF JURISDICTION This Court does not have discretionary jurisdiction to hear this matter because the Decision of the Fourth District Court of Appeals does not expressly construe a provision of the state or federal constitution1 nor did the Fourth District Court of Appeals certify any question or issue of great public importance for review by this Court. Furthermore, there is no case or controversy upon which this Court may exercise its discretionary jurisdiction. STATEMENT OF THE CASE AND FACTS Congresswoman Corrine Brown, Congressman Alcee Hastings, Congresswoman Carrie Meek, and Sallie Stephens, a qualified voter (Respondents in this case and Appellants/Plaintiffs below), brought an appeal to the Fourth District Court of Appeal (hereinafter “Fourth District”), challenging the Trial Court’s sua sponte dismissal of their claims, on the basis that there was no jurisdiction for the Circuit Court to adjudicate a Florida constitutional challenge to a Florida law apportioning congressional districts. The then President of the Florida Senate, John McKay, (Appellant/Intervenor below) also appealed the Trial 1 The Secretary of State only asserts the constitutional construction provision of Fla. Const. Art. V, §3(b)(3) as the basis for discretionary jurisdiction in this case; hence, the Respondents will focus on that provision of Fla. Const. Art. V, §3(b)(3) herein. As for the other bases for discretionary jurisdiction pursuant to Fla. Const. Art. V, §3(b)(3), Respondents simply assert that the Decision of the Fourth District Court of Appeal does not expressly declare a state statute valid, expressly affect a class of constitutional or state officers, nor expressly and directly conflict with a decision of another district court of appeal or of this Court. 1 Court’s denial of his request to intervene in the Circuit Court. Although the Plaintiffs and Intervenor separately appealed below, the Fourth District consolidated the appeals for review: Representative Corrine Brown; Representative Alcee Hastings; Representative Carrie Meek; Sallie Stephens; and Senator John McKay, President of the Florida Senate v. Robert a. Butterworth; Attorney General; Jim Smith, Secretary of State; Tom Feeney, Speaker of the House of Representativses; State of Florida, Case Nos. 4D02-2353 & 4D02-2401. The Fourth District rendered its decision in Case Nos. 4D02-2353 and 4D02-2401 on October 11, 2002 reversing the two rulings of the Circuit Court. See Brown v. Butterworth, 831 So. 2d 683 (Fla. 4th DCA 2002). The Fourth District held that the Circuit Court had subject matter jurisdiction to hear the Plaintiffs’ claims. This ruling is the subject of this appeal. (Id.) The Fourth District also held that the President of the Florida Senate was a proper, but not indispensable party to intervene in this case before the Circuit Court. 2 (Id.) The Fourth District denied all motions for rehearing and/or certification on December 20, 2002. The Fourth District did not certify any question or issue of great public importance. 2 In Case No. SC03-23, the AG seeks to invoke this Court’s discretionary jurisdiction on the issue of whether or not the AG is an indispensable party to all actions challenging the constitutionality of all Florida legislation, which issue was not raised on appeal to the Fourth District. 2 Neither the Attorney General (hereinafter “AG”) nor the Secretary of State (hereinafter “Secretary”) moved to stay issuance of the Mandate in this case. On January 10, 2002 the Fourth District issued the Mandate. On January 16, 2003, the Respondents filed in the Circuit Court Plaintiffs’ Notice of Voluntary Dismissal Without Prejudice as to State Of Florida, Charlie Crist (as Attorney General) and Ken Detzner (as Secretary of State). The Secretary served his Notice to Invoke Discretionary Jurisdiction of Supreme Court on January 21, 2003. On January 22, 2003, Respondents filed in the Circuit Court Plaintiffs’ Notice of Voluntary Dismissal Without Prejudice as to Jim King, President of the Florida Senate. SUMMARY OF THE ARGUMENT This Court does not have discretionary jurisdiction to review this case pursuant to Fla. Const. Art. V, § 3(b)(3). The Fourth District’s Decision does not expressly construe a provision of the state or federal constitution. This Court does not have discretionary jurisdiction to review this case pursuant to Fla. Const. Art. V, §3(b)(4). The Fourth District did not certify any question or issue of great public importance for review. The discretionary jurisdiction of this Court may not be invoked merely because the Secretary deems there to be an issue of great public importance Since there is no basis for jurisdiction, the Secretary argues the merits of this case. Arguing the merits of the case in a brief on jurisdiction is improper. This 3 Court does not have jurisdiction to address the merits of this case. Additionally, there is no case or controversy for this Court to review since the Respondents voluntarily dismissed all adverse parties after the issuance of the Mandate. If this Court were to issue an opinion in this case, it would merely be an advisory opinion. This Court should dismiss this case. ARGUMENT I. THE DECISION BELOW DID NOT EXPRESSLY CONSTRUE A PROVISION OF THE STATE OR FEDERAL CONSTITUTION; THUS, THIS COURT DOES NOT HAVE JURISDICTION UNDER FLA. CONST. ART. V, §3(b)(3) TO REVIEW THIS CASE In order to invoke this Court’s discretionary jurisdiction pursuant to Fla. Const. Art. V, §3(b)(3), the Fourth District’s Decision must expressly construe a provision of the state or federal constitution. The Fourth District’s decision does not expressly construe any provision of the state or federal constitution. In 1980, Article V §3(b) of the Florida Constitution was amended to limit this Court’s caseload and preserve appellate resources. See Fla. R. App. P. 9.030, 1980 Committee Notes. Fla. Const. Art.V, §3(b) sets forth the sole bases for this Court’s jurisdiction. Pursuant to Fla. Const. Art. V, §3(b)(3) this Court may review a decision of a district court of appeal that expressly construes a provision of the state or federal constitution. When Fla. Const. Art. V, §3(b)(3) was revised in 1980, the language of this section became more restrictive by the inclusion of 4 the term “expressly”. To invoke this Court’s jurisdiction under this provision, the construction of a state or federal constitution must be express and actual. To be an actual construction, the district court must “explain, define or otherwise eliminate existing doubts arising from the language or terms of the constitutional provision.” Armstrong v. Tampa, 106 So. 2d 407, 409 (Fla. 1958). Decisions which merely apply state or constitutional principles to the facts of a case cannot be deemed to construe a constitutional provision. (Id.) The inherency doctrine does not apply to jurisdiction based on construction. See Ogle v. Pepin, 273 So. 2d 391 (Fla. 1973). This Court does not have discretionary jurisdiction to review a decision which has the mere effect of construing a provision of the state or federal constitution. See Miami Herald Publishing Co.
Load more

Recommended publications
  • Women in the United States Congress: 1917-2012
    Women in the United States Congress: 1917-2012 Jennifer E. Manning Information Research Specialist Colleen J. Shogan Deputy Director and Senior Specialist November 26, 2012 Congressional Research Service 7-5700 www.crs.gov RL30261 CRS Report for Congress Prepared for Members and Committees of Congress Women in the United States Congress: 1917-2012 Summary Ninety-four women currently serve in the 112th Congress: 77 in the House (53 Democrats and 24 Republicans) and 17 in the Senate (12 Democrats and 5 Republicans). Ninety-two women were initially sworn in to the 112th Congress, two women Democratic House Members have since resigned, and four others have been elected. This number (94) is lower than the record number of 95 women who were initially elected to the 111th Congress. The first woman elected to Congress was Representative Jeannette Rankin (R-MT, 1917-1919, 1941-1943). The first woman to serve in the Senate was Rebecca Latimer Felton (D-GA). She was appointed in 1922 and served for only one day. A total of 278 women have served in Congress, 178 Democrats and 100 Republicans. Of these women, 239 (153 Democrats, 86 Republicans) have served only in the House of Representatives; 31 (19 Democrats, 12 Republicans) have served only in the Senate; and 8 (6 Democrats, 2 Republicans) have served in both houses. These figures include one non-voting Delegate each from Guam, Hawaii, the District of Columbia, and the U.S. Virgin Islands. Currently serving Senator Barbara Mikulski (D-MD) holds the record for length of service by a woman in Congress with 35 years (10 of which were spent in the House).
    [Show full text]
  • Appendix File Anes 1988‐1992 Merged Senate File
    Version 03 Codebook ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CODEBOOK APPENDIX FILE ANES 1988‐1992 MERGED SENATE FILE USER NOTE: Much of his file has been converted to electronic format via OCR scanning. As a result, the user is advised that some errors in character recognition may have resulted within the text. MASTER CODES: The following master codes follow in this order: PARTY‐CANDIDATE MASTER CODE CAMPAIGN ISSUES MASTER CODES CONGRESSIONAL LEADERSHIP CODE ELECTIVE OFFICE CODE RELIGIOUS PREFERENCE MASTER CODE SENATOR NAMES CODES CAMPAIGN MANAGERS AND POLLSTERS CAMPAIGN CONTENT CODES HOUSE CANDIDATES CANDIDATE CODES >> VII. MASTER CODES ‐ Survey Variables >> VII.A. Party/Candidate ('Likes/Dislikes') ? PARTY‐CANDIDATE MASTER CODE PARTY ONLY ‐‐ PEOPLE WITHIN PARTY 0001 Johnson 0002 Kennedy, John; JFK 0003 Kennedy, Robert; RFK 0004 Kennedy, Edward; "Ted" 0005 Kennedy, NA which 0006 Truman 0007 Roosevelt; "FDR" 0008 McGovern 0009 Carter 0010 Mondale 0011 McCarthy, Eugene 0012 Humphrey 0013 Muskie 0014 Dukakis, Michael 0015 Wallace 0016 Jackson, Jesse 0017 Clinton, Bill 0031 Eisenhower; Ike 0032 Nixon 0034 Rockefeller 0035 Reagan 0036 Ford 0037 Bush 0038 Connally 0039 Kissinger 0040 McCarthy, Joseph 0041 Buchanan, Pat 0051 Other national party figures (Senators, Congressman, etc.) 0052 Local party figures (city, state, etc.) 0053 Good/Young/Experienced leaders; like whole ticket 0054 Bad/Old/Inexperienced leaders; dislike whole ticket 0055 Reference to vice‐presidential candidate ? Make 0097 Other people within party reasons Card PARTY ONLY ‐‐ PARTY CHARACTERISTICS 0101 Traditional Democratic voter: always been a Democrat; just a Democrat; never been a Republican; just couldn't vote Republican 0102 Traditional Republican voter: always been a Republican; just a Republican; never been a Democrat; just couldn't vote Democratic 0111 Positive, personal, affective terms applied to party‐‐good/nice people; patriotic; etc.
    [Show full text]
  • December January the (Let's Get Rid Of
    VOLUME 7, NUMBER 6 December 2005 - January 2006 December The (Let’s Get Rid of..?) Endangered Species Act These are great times for By Rosalind Rowe, from notes by Emily B. Roberson, Ph.D. watching waterfowl on wetlands, lakes, Director, Native Plant Conservation Campaign and prairies. The Christmas Bird Count The Threatened and Endangered Species Recovery Act of 2005 (H.R. runs December 14th, 2005 to January 3824) was passed by the U.S. House of Representatives. 5th, 2006; this is its 106th year! (Try The bill removes most of the key protections for listed plants and wildlife www.audubon.org for more info.) under the Endangered Species Act and makes the listing of imperiled species Great horned and barred owls are much more difficult. Perhaps the most disturbing aspect of the bill are its courting; listen for them. restrictions on the types of science – and scientists – that would be considered Manatees congregate at natural eligible to participate in decisions about listing and conserving imperiled plants and springs and industrial warm water sites. other species. Congress is not qualified to legislate science, but HR 3824 will do Bears are still on the move, especially just that. We must get the Senate to reject this legislation. in Collier, Gulf, Hernando, Highlands, Here is how our “representatives” voted, listed by Congressional District Jefferson, Lake, Marion, and Volusia Number: counties. Along the east coast, right whales appear north of Sebastian Inlet Voted YES (GUT the Endangered Voted NO: in Brevard county. Species Act): 03 Corrine Brown (D) Dune sunflowers, some coreopsis, 01 Jeff Miller (R) 16 Mark Foley (R) wild petunia, and passionflower are 02 Allen Boyd (D) 17 Kendrick Meek (D) blooming.
    [Show full text]
  • Campaign Committee Transfers to the Democratic Congressional Campaign Committee JOHN KERRY for PRESIDENT, INC. $3,000,000 GORE 2
    Campaign Committee Transfers to the Democratic Congressional Campaign Committee JOHN KERRY FOR PRESIDENT, INC. $3,000,000 GORE 2000 INC.GELAC $1,000,000 AL FRIENDS OF BUD CRAMER $125,000 AL COMMITTEE TO ELECT ARTUR DAVIS TO CONGRESS $10,000 AR MARION BERRY FOR CONGRESS $135,000 AR SNYDER FOR CONGRESS CAMPAIGN COMMITTEE $25,500 AR MIKE ROSS FOR CONGRESS COMMITTEE $200,000 AS FALEOMAVAEGA FOR CONGRESS COMMITTEE $5,000 AZ PASTOR FOR ARIZONA $100,000 AZ A WHOLE LOT OF PEOPLE FOR GRIJALVA CONGRESSNL CMTE $15,000 CA WOOLSEY FOR CONGRESS $70,000 CA MIKE THOMPSON FOR CONGRESS $221,000 CA BOB MATSUI FOR CONGRESS COMMITTEE $470,000 CA NANCY PELOSI FOR CONGRESS $570,000 CA FRIENDS OF CONGRESSMAN GEORGE MILLER $310,000 CA PETE STARK RE-ELECTION COMMITTEE $100,000 CA BARBARA LEE FOR CONGRESS $40,387 CA ELLEN TAUSCHER FOR CONGRESS $72,000 CA TOM LANTOS FOR CONGRESS COMMITTEE $125,000 CA ANNA ESHOO FOR CONGRESS $210,000 CA MIKE HONDA FOR CONGRESS $116,000 CA LOFGREN FOR CONGRESS $145,000 CA FRIENDS OF FARR $80,000 CA DOOLEY FOR THE VALLEY $40,000 CA FRIENDS OF DENNIS CARDOZA $85,000 CA FRIENDS OF LOIS CAPPS $100,000 CA CITIZENS FOR WATERS $35,000 CA CONGRESSMAN WAXMAN CAMPAIGN COMMITTEE $200,000 CA SHERMAN FOR CONGRESS $115,000 CA BERMAN FOR CONGRESS $215,000 CA ADAM SCHIFF FOR CONGRESS $90,000 CA SCHIFF FOR CONGRESS $50,000 CA FRIENDS OF JANE HARMAN $150,000 CA BECERRA FOR CONGRESS $125,000 CA SOLIS FOR CONGRESS $110,000 CA DIANE E WATSON FOR CONGRESS $40,500 CA LUCILLE ROYBAL-ALLARD FOR CONGRESS $225,000 CA NAPOLITANO FOR CONGRESS $70,000 CA PEOPLE FOR JUANITA MCDONALD FOR CONGRESS, THE $62,000 CA COMMITTEE TO RE-ELECT LINDA SANCHEZ $10,000 CA FRIENDS OF JOE BACA $62,000 CA COMMITTEE TO RE-ELECT LORETTA SANCHEZ $150,000 CA SUSAN DAVIS FOR CONGRESS $100,000 CO SCHROEDER FOR CONGRESS COMMITTEE, INC $1,000 CO DIANA DEGETTE FOR CONGRESS $125,000 CO MARK UDALL FOR CONGRESS INC.
    [Show full text]
  • SC03-23 Respondents' Answer Brief on Jurisdiction Formatt…
    IN THE SUPREME COURT OF FLORIDA Case No. SCO3-23 L.T. Case No.’s: 4D02-2353 AND 4D02-2401 (consolidated) CHARLIE CRIST, JR., Attorney v. REP. CORRINE BROWN, General of the State of Florida, REP. ALCEE HASTINGS, Etc., Et Al. REP. CARRIE MEEK, and SALLIE STEPHENS, Petitioners Respondents ON PETITION FOR DISCRETIONARY REVIEW OF A DECISION OF THE DISTRICT COURT OF APPEAL, FOURTH DISTRICT BRIEF OF RESPONDENTS ON JURISDICTION Filed on behalf of the Respondents by: Ephraim R. Hess, Attorney at Law Colleen Kathryn O’Loughlin, Attorney at Law J. Gerald Hebert, Attorney at Law Paul M. Smith, Attorney at Law Sam Hirsch, Attorney at Law Katherine A. Fallow, Attorney at Law TABLE OF CONTENTS TABLE OF AUTHORITIES……………………………………………………...iii STATEMENT OF JURISDICTION…………………………………………...…..1 STATEMENT OF THE CASE AND THE FACTS.................................................2 SUMMARY OF THE ARGUMENT........................................................................3 ARGUMENT I. NO CONFLICT EXISTS ON ANY QUESTION OF LAW SUFFICIENT TO INVOKE THIS COURT’S DISCRETIONARY JURISDICTION PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030(a)(2)(A)(iv)……………………………………………...4 II. THERE IS NO CASE OR CONTROVERSY FOR THIS COURT TO ADJUDICATE, AND THIS CASE SHOULD BE DISMISSED…………………………………………………...7 CONCLUSION.........................................................................................................8 CERTIFICATE OF SERVICE................................................................................10 CERTIFICATE OF COMPLIANCE.......................................................................10
    [Show full text]
  • That Changed Everything
    2 0 2 0 - A Y E A R that changed everything DEADLINE FOR SUBMISSION DECEMBER 18, 2020 For Florida students in grades 6 - 8 PRESENTED BY THE FLORIDA COMMISSION ON THE STATUS OF WOMEN To commemorate and honor women's history and PURPOSE members of the Florida Women's Hall of Fame Sponsored by the Florida Commission on the Status of Women, the Florida Women’s History essay contest is open to both boys and girls and serves to celebrate women's history and to increase awareness of the contributions made by Florida women, past and present. Celebrating women's history presents the opportunity to honor and recount stories of our ancestors' talents, sacrifices, and commitments and inspires today's generations. Learning about our past allows us to build our future. THEME 2021 “Do your part to inform and stimulate the public to join your action.” ― Marjory Stoneman Douglas This year has been like no other. Historic events such as COVID-19, natural disasters, political discourse, and pressing social issues such as racial and gender inequality, will make 2020 memorable to all who experienced it. Write a letter to any member of the Florida Women’s Hall of Fame, telling them about life in 2020 and how they have inspired you to work to make things better. Since 1982, the Hall of Fame has honored Florida women who, through their lives and work, have made lasting contributions to the improvement of life for residents across the state. Some of the most notable inductees include singer Gloria Estefan, Bethune-Cookman University founder Mary McLeod Bethune, world renowned tennis athletes Chris Evert and Althea Gibson, environmental activist and writer Marjory Stoneman Douglas, Pilot Betty Skelton Frankman, journalist Helen Aguirre Ferre´, and Congresswomen Ileana Ros-Lehtinen, Carrie Meek, Tillie Fowler and Ruth Bryan Owen.
    [Show full text]
  • H.Doc. 108-224 Black Americans in Congress 1870-2007
    H CURRENT MEMBERS H Alcee Hastings 1936– UNITED STATES REPRESENTATIVE DEMOCRAT FROM FLORIDA 1993– The son of domestic workers, Alcee L. Hastings became Florida’s first African- American federal judge and, in 1992, one of the first handful of blacks to represent the state in the U.S. Congress in the 20th century. An eight-term veteran of the House, Representative Hastings holds high-ranking positions on both the Permanent Select Committee on Intelligence and the Rules Committee. Image courtesy of the Member Alcee Lamar Hastings, son of Julius C. and Mildred L. Hastings, was born in Altamonte Springs, Florida, on September 5, 1936. His parents were domestic servants who eventually left the state to take jobs to pay for his education. Hastings, who lived with his maternal grandmother, graduated from Crooms Academy in Sanford, Florida, in 1953. He earned a bachelor of arts degree in zoology and botany from Fisk University in Nashville, Tennessee, in 1958 and later attended Howard University School of Law in Washington, DC. In 1963, Hastings graduated with a J.D. from Florida Agricultural & Mechanical University in Tallahassee. In 1964, he was admitted to the Florida bar, and he practiced as a civil rights attorney for the next 13 years. Hastings is twice-divorced, with three children: Alcee Lamar III, Chelsea, and Leigh. From 1977 to 1979, Hastings served as a circuit court judge in Broward County, Florida. In 1979, President James Earl (Jimmy) Carter appointed Hastings to a U.S. District Court seat in Miami, making him the first black federal judge in Florida history.1 In 1992, when court-ordered reapportionment created a U.S.
    [Show full text]
  • No. 17-15470 UNITED STATES COURT OF
    USCA11 Case: 17-15470 Date Filed: 11/23/2020 Page: 1 of 68 No. 17-15470 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CORRINE BROWN, Defendant-Appellant. ________________ On Appeal from the United States District Court for the Middle District of Florida, No. 3:16-cr-00093 ________________ EN BANC BRIEF FOR DEFENDANT-APPELLANT ON REHEARING ________________ WILLIAM MALLORY KENT PAUL D. CLEMENT KENT & MCFARLAND Counsel of Record ERIN E. MURPHY EVELYN BLACKLOCK KELLY J. SHACKELFORD KIRKLAND & ELLIS LLP HIRAM S. SASSER, III 1301 Pennsylvania Avenue, NW LEA E. PATTERSON Washington, DC 20004 KEISHA T. RUSSELL (202) 389-5000 FIRST LIBERTY INSTITUTE Counsel for Defendant-Appellant November 23, 2020 USCA11 Case: 17-15470 Date Filed: 11/23/2020 Page: 2 of 68 No. 17-15470, United States of America v. Brown CERTIFICATE OF INTERESTED PERSONS Pursuant to 11th Cir. R. 26.1, Appellant hereby certifies that the following is a complete list of the trial judge and all attorneys, persons, associations of persons, firms, partnerships, or corporations that have an interest in the outcome of this particular case on appeal. Andrews, Barbara, victim; Andrews, John, victim; Baker, John D., II, victim; Bentley, A. Lee, III, former United States Attorney; Birk, Edward L., Counsel for Graham Media Group, Florida, Inc.; Bittel, Stephen, victim; Blacklock, Evelyn, Counsel for Defendant-Appellant Brown; Bodnar, Roberta, Assistant United States Attorney; Brown, Corrine, Defendant-Appellant; Brown, Shantrel, Movant; C.A.P. Contracting, Inc., victim; CA Florida Holdings, Inc., Movant; Caldwell, Leslie, former Assistant Attorney General, Criminal Division, United States Department of Justice; Charter Communications (ticker symbol: CHTR), victim; CIP-1 of 6 USCA11 Case: 17-15470 Date Filed: 11/23/2020 Page: 3 of 68 No.
    [Show full text]
  • Florida Democratic Party Chicago •Ž96
    •• • __..,,~i(i(_.,,, .. i(. ~ \ \ \, ·..... .. FLORIDADEMOCRATICPARTY Florida Dept. of Commerce, Division of Tourism MEMBERS A._""l"D GUFS f~ OF THE FLORIDA DEI EGA fl ON. As Co-Chairs of the Florida Delegation , we would like to welcome you to the 1996 Democratic National Convention. We are delighted to have you with us for this momentous event. With a total of 203 members, Florida has the sixth largest delegation in Chicago. Florida Democrats are well represented not only in number but by the high level of diversity within our delegation. The women and men who make up Florida's delegation are of all ages , represent a wide range of ethnic, racial, reli­ gious and economic backgrounds , and come from all parts of our great state. Furthermore, in keeping with Democratic Party tradition , we are very proud of the powerful grass roots representation among our delegation. * Our strong presence in Chicago will be a fitting prelude to the Sunshine State's crucial role in the re­ election of President Clinton . Both at the Convention and at the polls this fall , Florida Democrats will be critical to ensuring that the effective and inspiring leadership we have seen over the past four years con­ tinues into the next century. Again , welcome to Chicago - and let's get ready to show that dedicated Florida Democratic spirit! Sincerely, ~t:H, Lawton Chiles Governor ~If)~ Terrie Brady Party Chair rn~o FloriUa Delegation Senator Bob Graham Nicholas Alexiou Michael Gudis Jon Ausman Bill Gunter Governor Lawton Chiles Suzanne Gunzburger Party Chair Terrie Brady Dr. T.
    [Show full text]
  • 2004 Colleague Artsed.Pdf
    Members of Congress Supporting Funding for Arts Education 1) Rep. Neil Abercrombie 2) Rep. Gary Ackerman 48) Rep. Barbara Lee 3) Rep. Tom Allen 49) Rep. Carolyn Maloney 4) Rep. Tammy Baldwin 50) Rep. Jim Marshall 5) Rep. Doug Bereuter 51) Rep. Jim Matheson 6) Rep. Earl Blumenauer 52) Rep. Robert Matsui 7) Rep. Robert Brady 53) Rep. Karen McCarthy 8) Rep. Corrine Brown 54) Rep. Betty McCollum 9) Rep. Sherrod Brown 55) Rep. James McGovern 10) Rep. Michael Capuano 56) Rep. Kendrick Meek 11) Rep. Benjamin Cardin 57) Rep. Robert Menendez 12) Rep. Brad Carson 58) Rep. Michael Michaud 13) Rep. Ed Case 59) Rep. Juanita Millender-McDonald 14) Rep. Donna Christensen 60) Rep. Brad Miller 15) Rep. Wm Lacy Clay 61) Rep. Dennis Moore 16) Rep. John Conyers Jr. 62) Rep. Jim Moran 17) Rep. Jerry Costello 63) Rep. Jerrold Nadler 18) Rep. Jim Davis 64) Rep. Richard Neal 19) Rep. Danny Davis 65) Rep. Eleanor Holmes Norton 20) Rep. Susan Davis 66) Rep. James Oberstar 21) Rep. Peter DeFazio 67) Rep. Frank Pallone 22) Rep. Peter Deutsch 68) Rep. Bill Pascrell Jr. 23) Rep. Lloyd Doggett 69) Rep. Donald Payne 24) Rep. Eliot Engel 70) Rep. Todd Platts 25) Rep. Phil English 71) Rep. David Price 26) Rep. Bob Etheridge 72) Rep. Mike Ross 27) Rep. Mike Ferguson 73) Rep. Dutch Ruppersberger 28) Rep. Bob Filner 74) Rep. Bobby Rush 29) Rep. Harold Ford 75) Rep. Tim Ryan 30) Rep. Martin Frost 76) Rep. Linda Sanchez 31) Rep. Charles Gonzalez 77) Rep. Bernie Sanders 32) Rep. Gene Green 78) Rep.
    [Show full text]
  • Congressional Pictorial Directory.Indb I 5/16/11 10:19 AM Compiled Under the Direction of the Joint Committee on Printing Gregg Harper, Chairman
    S. Prt. 112-1 One Hundred Twelfth Congress Congressional Pictorial Directory 2011 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 2011 congressional pictorial directory.indb I 5/16/11 10:19 AM Compiled Under the Direction of the Joint Committee on Printing Gregg Harper, Chairman For sale by the Superintendent of Documents, U.S. Government Printing Offi ce Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800; Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 ISBN 978-0-16-087912-8 online version: www.fdsys.gov congressional pictorial directory.indb II 5/16/11 10:19 AM Contents Photographs of: Page President Barack H. Obama ................... V Vice President Joseph R. Biden, Jr. .............VII Speaker of the House John A. Boehner ......... IX President pro tempore of the Senate Daniel K. Inouye .......................... XI Photographs of: Senate and House Leadership ............XII-XIII Senate Officers and Officials ............. XIV-XVI House Officers and Officials ............XVII-XVIII Capitol Officials ........................... XIX Members (by State/District no.) ............ 1-152 Delegates and Resident Commissioner .... 153-154 State Delegations ........................ 155-177 Party Division ............................... 178 Alphabetical lists of: Senators ............................. 181-184 Representatives ....................... 185-197 Delegates and Resident Commissioner ........ 198 Closing date for compilation of the Pictorial Directory was March 4, 2011. * House terms not consecutive. † Also served previous Senate terms. †† Four-year term, elected 2008. congressional pictorial directory.indb III 5/16/11 10:19 AM congressional pictorial directory.indb IV 5/16/11 10:19 AM Barack H. Obama President of the United States congressional pictorial directory.indb V 5/16/11 10:20 AM congressional pictorial directory.indb VI 5/16/11 10:20 AM Joseph R.
    [Show full text]
  • Remarks at a Rally for Representative Corrine Brown in Jacksonville, Florida October 4, 2000
    Oct. 3 / Administration of William J. Clinton, 2000 The Democrats are right on all these issues. good and supportive to our candidates for the And I can tell you that there is a huge dif- House. ference between having the votes of a majority, and not. And so every one of these people de- serves your support. And again, I am profoundly grateful, and I am just sick I’m not there. I NOTE: The President spoke at 6:30 p.m. by tele- really looked forward to being there, and I phone from the Biltmore Hotel in Coral Gables, didn’t give up until we had sat on the tarmac FL. In his remarks, he referred to dinner hosts for an hour, and the Air Force said there was Gopi and Dilip Barot; and State Representative no way. And they told me it would take over Elaine Bloom, State Senator Patsy Kurth, and 3 hours to drive there, because the fog is so Jean Elliott Brown, candidates for Florida’s 22d, thick in Miami, you can’t see your hand before 15th, and 16th Congressional Districts, respec- you. tively. The transcript released by the Office of the So I hope you’ll give me a raincheck. And Press Secretary did not include the complete I thank you again for being so generous and opening remarks of the President. Remarks at a Rally for Representative Corrine Brown in Jacksonville, Florida October 4, 2000 Thank you. Now, I would say that you’re This is a big race, not just for President but ready to win this election.
    [Show full text]