Florida Supreme Court Historical Society Florida’s Forgotten Execution Justice Ben F. Overton: Confronting his Prior Decisions A Review of Devil in the Grove Free Press in 1940s Florida: Pennekamp v. Florida FROM THE EDITOR Florida Supreme Court Historical Society Spring/Summer 2014 Welcome aboard the third annual addition of the Florida Supreme Court Historical Society’s Magazine. Our excellent articles include a detailed examination of the first female execution in Florida, a look into Justice Ben Overton’s decisions during his time on the Supreme Court, a review of the Pulitzer Prize winning novel, Devil in the Grove, and an article chronicling the development of free press in Florida during the 1940s. Many thanks to our excellent authors in providing us with such wonderful works. Enjoy! Jonathan F. Claussen Florida Supreme Court Historical Society Editor Jonathan F. Claussen, Esq. Editorial Assistance Sylvia Walbolt, Esq. Susan Rosenblatt, Esq. From left to right: Thurgood Marshall, Jack Greenberg, Franklin Williams, Mr. and Mrs. Alex Akerman, James Nabrit Jr., and Mark Miller Robert Carter, on the steps of the U.S. Supreme Court following the March 9, 1951, argument of the Groveland Boys case. (Courtesy of The Crisis magazine) Designer Lili Picou From the President By Miles A. McGrane, III Published annually by the Florida Supreme Court Historical Society Chief Justice Polston’s Family Commitment to Children The Florida Supreme Court Historical Society By Dan Hoffman works to save and maintain for future generations the records of the people and events that have Florida’s Forgotten Execution shaped the evolution of Florida’s court system from The Strange Case of Celia and the Unfortunate Fate of her Family. the early 1800s, through the 20th Century, and By H. Franklin Robbins, Jr. and Steven G. Mason beyond. The Society is committed to making sure people understand the importance of a strong, independent judiciary in our governmental balance Justice Ben F. Overton: Confronting His Own Prior Decisions of power. The Society’s two-fold mission is to (1) A Detailed Account of Justice Ben F. Overton’s Time on the Florida Supreme Court, educate the public about the critically important Confronting His Own Prior Decisions. work of the courts in protecting personal rights and freedoms, as well as in resolving the myriad of By Joseph H. Lang, Jr. disputes that arise within the state, and (2) preserve the rich history of Florida’s judicial system. Devil in the Grove This publication has been sponsored by the A Review of Gilbert King’s Devil in the Grove. members of the Florida Supreme Court By Bruce Rogow Historical Society. Postcard rendering of the Florida Supreme Court Free Press in 1940s Florida: Pennekamp v. Florida Florida Supreme Court Historical Society A Look at the Miami Herald’s Struggle for Freedom of Speech in the 1940s. PO Box 11344, Tallahassee Florida, FL 32302 By Judge Scott D. Makar FROM THE PRESIDENT Florida Supreme Court Historical Society Officers & Trustees, 2013-2014 EXECUTIVE COMMITTEE, 2013-2014 Terms Expire in 2015 President: Miles A. McGrane, III, Coral Gables Tod Aronovitz, Miami First Vice President: Sylvia H. Walbolt, Tampa Alan B. Bookman, Pensacola Second Vice President: Kelly A. O’Keefe, Tallahassee Sean T. Desmond, Tallahassee Secretary: George E. “Buddy” Schulz, Jr. Jacksonville Edward G. Guedes, Coral Gables Treasurer: Ruth McDonald, Tallahassee Thomas D. Hall, Tallahassee Immediate Past President: Henry M. Coxe, III, Jacksonville Scott G. Hawkins, West Palm Beach Dear Members and Friends of the Florida Supreme Court Historical Society, Kimberly S. Mello, Tampa EXECUTIVE COMMITTEE Michael L. Rosen, Tampa This past year has been one of focusing our attention to housekeeping and financial matters for MEMBERS AT LARGE Stanley M. Rosenblatt, Miami the Society, and to further developing our organization consistent with its mission. I would like to thank my many fellow Members who have provided valuable assistance with these matters * Bruce Blackwell, Orlando Sheldon J. Schlesinger, Ft. Lauderdale in the past year. However tedious this work may at times seem, we are all in agreement that it * Howard C. Coker, Jacksonville Judge Scott J. Silverman, Miami requires our attention to help ensure the long term health of our Society. We are particularly *†W. Dexter Douglas, Tallahassee John J. Schickel, Jacksonville grateful to our Interim Administrator, Kelly Layman, for all that she has done to make sure that * Alan G. Greer, Miami the Society is on proper footing and has all of its records in order. ^ The Hon. Stephen H. Grimes, Tallahassee Terms Expire in 2016 * Benjamin H. Hill, III, Tampa Mary E. Adkins, Gainesville We are also proud to announce that the Society has stepped forward to commission official oil portraits for the four sitting Justices who have remained without that customary honor. As part * Rutledge R. Liles, Tampa Timothy P. Chinaris, Montgomery, AL of the Society’s mission to preserve for posterity the activities of the Court and its Justices, the * Edith G. Osman, Miami Jerry M. Gewirtz, Tampa Society’s Board elected to underwrite those four portraits. The Board designated Hank Coxe, Daryl D. Parks, Tallahassee John F. Harkness, Jr., Tallahassee my immediate predecessor, to oversee this effort. Our hope is to have the portraits ready for Susan Rosenblatt, Miami J. Wayne Hogan, Jacksonville unveiling in late spring 2014. * Herman J. Russomanno, Miami Jeffrey D. Kottkamp, Tallahassee I hope you enjoy this third annual addition of our magazine, which includes a survey of the Gary Lee Printy, Tallahassee history of Pennekamp v. Florida, by Judge Scott Makar of the First District Court of Appeal; a review of Gilbert King’s Devil in BOARD OF TRUSTEES Scott R. Rost, Orlando the Grove by Bruce Rogow; a piece by H. Franklin Robbins, Jr. and Steven G. Mason, who share the story of “Celia”, the first Neal R. Sonnett, Miami Terms Expire in 2014 recorded female execution in Florida; and an analysis by Joseph H. Lang, Jr. of instances in which the late Justice Ben Overton Renee E. Thompson, Ocala Mitchell W. Berger, Ft. Lauderdale had occasion to revisit decisions during his long career. Judge Daryl E. Trawick, Miami Robert A. Butterworth, Jr., Ft. Lauderdale I look forward to seeing the membership at our Annual Dinner, scheduled for Thursday, January 30 in Tallahassee. We are sure to Gwynne A. Young, Tampa Jonathan F. Claussen, Boca Raton have many distinguished members of the Bar in attendance for the presentation of the Society’s Lifetime Achievement Award to Stephen N. Zack, Miami Judge Marguerite H. Davis, Tallahassee former Chief Justice Rosemary Barkett. We excitedly expect Judge Barkett – the first woman Justice on the Florida Supreme Court Charles W. Ehrhardt, Tallahassee and something of a Florida legal legend – to cross the ocean from her current position in The Hague to accept the award and attend Judge Joseph P. Farina Jr., Miami Ex Officio (former presidents) the Society’s dinner. I am sure many of her friends, colleagues and admirers will be eager to honor Judge Barkett’s many ^ The Hon. Major B. Harding, Tallahassee * James E. Cobb, Jacksonville accomplishments that evening. Irene Kogan, Coconut Grove * Talbot “Sandy” D’Alemberte, Tallahassee I hope you enjoy the magazine, and I thank Jonathan Claussen, Kelly O’Keefe, Susan Rosenblatt and Sylvia Walbolt for their Eugene K. Pettis, Ft. Lauderdale * John A. DeVault, III, Jacksonville diligent efforts to prepare such an interesting publication. David C. Prather, West Palm Beach * Robert M. Ervin, Tallahassee Neal A. Roth, Coral Gables * M. Lewis Hall, Jr., Arcadia Today's a great day to be a Florida lawyer. I'm proud to be one. You should be too. * Christian D. Searcy, West Palm Beach ^ Former Florida Supreme Court Justices * Russell Troutman, Winter Park * Past Society Presidents † Deceased Ex Officio - Supreme Court Librarian Billie J. Blaine, Tallahassee Miles A. McGrane, III Honorary Life Trustee President Walter W. Manley, II, Tallahassee Interim Administrator Mark A. Miller, Tallahassee 4 Spring/Summer 2014 FSCHS 5 CONTRIBUTORS Joseph H. Lang, Jr. is a shareholder in the Appellate Practice Group of Carlton Fields, P.A. He is Board Certified by The Florida Bar in Appellate Practice. He served as a law clerk to Justice Overton from 1995 to 1997. Chief Justice Polston’s Family’s Commitment to Children Human trafficking is the face of modern day slavery – and it is By Dan Hoffman practiced today through forced labor and commercial sexual exploitation. In the United States alone, it is estimated that 2.5 million people are being trafficked, and that about half are under 18 years old. Judge Scott Makar has served on the First District Court of Appeal since 2012, appointed by Governor Rick The trafficking of children, particularly when it is of a sexual nature, Scott. He served as Florida’s Solicitor General from 2007-2012, arguing five cases in the United States Supreme It is, of course, already well known among Florida Supreme Court is perhaps the ugliest element of human trafficking. Court, including four in the 2009 Term – a record for state solicitors general. He headed the City of watchers and many others in the Florida legal community that Chief Jacksonville’s appellate division for five years, was a partner at Holland & Knight where he worked for 12 years, Justice Polston’s family has opened their home and their hearts to Deborah now volunteers as Florida’s Human Trafficking Advocate, a and clerked for Thomas A. Clark of the 11th Circuit Court of Appeals. He received his Ph.D. (economics), J.D., children in need. Chief Justice Ricky Polston and his wife, Deborah position to which she was appointed by Governor Scott in November, M.A., and M.B.A. from the University of Florida and his B.S.