(For background on Zoom FVOP’s, see JAABLOG “ALERT!” … )
On Behalf Of Daniel Tibbitt
Sent: Wednesday, December 2, 2020 1:19 PM
Subject: FACDL-Miami 3rd DCA denial of writ on Zoom PVH’s
Today the Third District issued their decision in our writ seeking to stop probation violation hearings from going forward over Zoom. Judges Emas and Hendon ruled against us and found that whatever constitutional issues were present in forcing a defendant to go to a PVH over video and separate from his attorney were outweighed by the special circumstances of the pandemic. Judge Gordo concurred in the denial on the ground that she didn’t find a writ was the appropriate remedy, although she suggested that she did not agree with the constitutional conclusion. Those of us who were involved in the writ will be discussing possible next steps for further litigation on this issue later this week, but for now this decision from the Third DCA will be seen by the Eleventh Circuit judiciary as a green light to hold PVH’s over Zoom, so our members should be aware of that. I will update you if there is further relevant developments on this, and for now if you have a case where a judge is scheduling a PVH over Zoom please let me know so that, as the point person for this effort for FACDL-Miami, I can continue to keep track. The Third DCA decision is attached. If you have questions feel free to reach out.
Daniel Tibbitt, Esq.
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