APPLICATION FOR NOMINATION TO THE FLORIDA SUPREME COURT

(Please attach additional pages as needed to respond fully to questions.)

DATE: 11/11/2015 Florida Bar No.: 341045
GENERAL: Social Security No.: redacted
1. Name BRADLEY EUGENE KING E-mail: bking@sao5.org
Date Admitted to Practice in Florida: May, 1982
Date Admitted to Practice in other States: none
2. State current employer and title, including professional position and any public or
judicial office.
STATE ATTORNEY, FIFTH JUDICIAL CIRCUIT OF FLORIDA
3. Business address: 110 NW 1ST AVE, SUITE 5000
City OCALA County MARION State FL ZIP 34475
Telephone (352) 671-5998 FAX (352) 671-5998
4. Residential address: redacted.
City County FL State 34480 ZIP
Since 11/1985 Telephone
5. Place of birth: TERRE HAUTE, INDIANA
Date of birth: Age: 59
6a. Length of residence in State of Florida: 57
6b. Are you a registered voter? Yes No
If so, in what county are you registered? MARION
7. Marital status: MARRIED
If married: Spouse's name
Date of marriage 03/14/1981
Spouse's occupation

If ever divorced give for each marriage name(s) of spouse(s), current address for each
former spouse, date and place of divorce, court and case number for each divorce.
N/A

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8. Children
Name(s) Age(s) Occupation(s) Residential address(es)
1ST DCA redacted
29 CLERK
ASSISTANT
STATE redacted
27 ATTORNEY
DEPUTY redacted
22 SHERIFF
19 Cookeville, Tn.

9. Military Service (including Reserves)

Service Branch Highest Rank Dates
NONE
Rank at time of discharge N/A Type of discharge
Awards or citations
HEALTH:
10. Are you currently addicted to or dependent upon the use of narcotics, drugs, or
intoxicating beverages? If yes, state the details, including the date(s).
No
11a. During the last ten years have you been hospitalized or have you consulted a
professional or have you received treatment or a diagnosis from a professional for any of
the following: Kleptomania, Pathological or Compulsive Gambling, Pedophilia,
Exhibitionism or Voyeurism?
Yes No

If your answer is yes, please direct each such professional, hospital and other facility to
furnish the Chairperson of the Commission any information the Commission may
request with respect to any such hospitalization, consultation, treatment or diagnosis.
["Professional" includes a Physician, Psychiatrist, Psychologist, Psychotherapist or
Mental Health Counselor.]

Please describe such treatment or diagnosis.

11b. In the past ten years have any of the following occurred to you which would interfere with
your ability to work in a competent and professional manner?
Experiencing periods of no sleep for 2 or 3 nights
Experiencing periods of hyperactivity
Spending money profusely with extremely poor judgment

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 Suffered from extreme loss of appetite
Issuing checks without sufficient funds
Defaulting on a loan
Experiencing frequent mood swings
Uncontrollable tiredness
Falling asleep without warning in the middle of an activity
Yes No

If yes, please explain.

12a. Do you currently have a physical or mental impairment which in any way limits your
ability or fitness to properly exercise your duties as a member of the Judiciary in a
competent and professional manner?
Yes No

12b. If your answer to the question above is Yes, are the limitations or impairments caused by
your physical or mental health impairment reduced or ameliorated because you receive
ongoing treatment (with or without medication) or participate in a monitoring or
counseling program?
Yes No

Describe such problem and any treatment or program of monitoring or counseling.

13. During the last ten years, have you ever been declared legally incompetent or have you
or your property been placed under any guardianship, conservatorship or committee? If
yes, give full details as to court, date and circumstances.
No
14. During the last ten years, have you unlawfully used controlled substances, narcotic
drugs or dangerous drugs as defined by Federal or State laws? If your answer is "Yes,"
explain in detail. (Unlawful use includes the use of one or more drugs and/or the
unlawful possession or distribution of drugs. It does not include the use of drugs taken
under supervision of a licensed health care professional or other uses authorized by
Federal law provisions.)
No

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15. In the past ten years, have you ever been reprimanded, demoted, disciplined, placed on
probation, suspended, cautioned or terminated by an employer as result of your alleged
consumption of alcohol, prescription drugs or illegal use of drugs? If so, please state the
circumstances under which such action was taken, the name(s) of any persons who took
such action, and the background and resolution of such action.
No

16. Have you ever refused to submit to a test to determine whether you had consumed
and/or were under the influence of alcohol or drugs? If so, please state the date you
were requested to submit to such a test, the type of test required, the name of the entity
requesting that you submit to the test, the outcome of your refusal and the reason why
you refused to submit to such a test.
No

17. In the past ten years, have you suffered memory loss or impaired judgment for any
reason? If so, please explain in full.
No

EDUCATION:
18a. Secondary schools, colleges and law schools attended.
Schools Class Standing Dates of Attendance Degree
FOREST HIGH HIGH
SCHOOL HONORS 8/1971 TO 6/1975 HS DIPLOMA
BATCHELOR IN
UNIVERSITY OF HIGH BUSINESS
FLORIDA HONORS 8/1975 TO 6/1978 ADM.
UNIVERSITY OF
FLORIDA LAW 8/1978 TO 5/1979 JURIS
SCHOOL 8/1980 TO 12/1981 DOCTOR

18b. List and describe academic scholarships earned, honor societies or other awards.

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NON-LEGAL EMPLOYMENT:
19. List all previous full-time non-legal jobs or positions held since 21 in chronological order
and briefly describe them.
Date Position Employer Address
1/1980 TO PO BOX 1987 OCALA,
8/1980 DEPUTY SHERIFF MARION COUNTY FL 34478

PROFESSIONAL ADMISSIONS:
20. List all courts (including state bar admissions) and administrative bodies having special
admission requirements to which you have ever been admitted to practice, giving the
dates of admission, and if applicable, state whether you have been suspended or
resigned.
Court or Administrative Body Date of Admission
FLORIDA SUPREME COURT 5/1982
LAW PRACTICE: (If you are a sitting judge, answer questions 21 through 26 with reference
to the years before you became a judge.)
21. State the names, dates and addresses for all firms with which you have been associated
in practice, governmental agencies or private business organizations by which you have
been employed, periods you have practiced as a sole practitioner, law clerkships and
other prior employment:
Position Name of Firm Address Dates
ASSISTANT STATE ATTORNEYS
STATE OFFICE FIFTH 110 NW 1ST AVE, 12/15/1981 -
ATTORNEY CIRCUIT SUITE 5000 05/01/1988
STATE ATTORNEYS
STATE OFFICE, FIFTH 110 NW 1ST AVE, 01/03/1989 -
ATTORNEY CIRCUIT SUITE 5000 CURRENT

22. Describe the general nature of your current practice including any certifications which
you possess; additionally, if your practice is substantially different from your prior
practice or if you are not now practicing law, give details of prior practice. Describe your
typical clients or former clients and the problems for which they sought your services.
CRIMINAL PROSECUTION

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23. What percentage of your appearance in courts in the last five years or last five years of
practice (include the dates) was in:
Court Area of Practice
Federal Appellate % Civil %
Federal Trial % Criminal 100 %
Federal Other % Family %
State Appellate % Probate %
State Trial 100 % Other %
State Administrative %
State Other %
%
TOTAL 100 % TOTAL 100 %

24. In your lifetime, how many (number) of the cases you have tried to verdict or judgment
were:
too many to Non-jury?
recall or
Jury? reconstruct very few
Arbitration? 0 Administrative Bodies? 0
25. Within the last ten years, have you ever been formally reprimanded, sanctioned,
demoted, disciplined, placed on probation, suspended or terminated by an employer or
tribunal before which you have appeared? If so, please state the circumstances under
which such action was taken, the date(s) such action was taken, the name(s) of any
persons who took such action, and the background and resolution of such action.
No
26. In the last ten years, have you failed to meet any deadline imposed by court order or
received notice that you have not complied with substantive requirements of any
business or contractual arrangement? If so, please explain in full.
No
(Questions 27 through 30 are optional for sitting judges who have served 5 years
or more.)
27a. For your last 6 cases, which were tried to verdict before a jury or arbitration panel or tried
to judgment before a judge, list the names and telephone numbers of trial counsel on all
sides and court case numbers (include appellate cases).
See Attached.
27b. For your last 6 cases, which were settled in mediation or settled without mediation or
trial, list the names and telephone numbers of trial counsel on all sides and court case
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 numbers (include appellate cases).
See Attached. Only 4 were listed as the cases I handled did not often result in a plea.
27c. During the last five years, how frequently have you appeared at administrative hearings?
0 average times per month
During the last five years, how frequently have you appeared in Court?
27d.
Too variable to guess. I watch younger ASA's practice, appear for special cases, conduct
Grand Jury investigations, but do not regularly appear in court. average times per month
27e. During the last five years, if your practice was substantially personal injury, what
percentage of your work was in representation of plaintiffs? %
Defendants? %
28. If during any prior period you have appeared in court with greater frequency than during
the last five years, indicate the period during which this was so and give for such prior
periods a succinct statement of the part you played in the litigation, numbers of cases
and whether jury or non-jury.
For years as the State Attorney I have handled capital litigation at the trial and post trial
levels and some cases as Governor's Assignments. I have tried over a dozen capital
cases to verdict and at least 6 post conviction relief non jury trials in the past decade. As
an Assistant I handled dockets in county and circuit court where the average case load
was in the hundreds of cases per year. I was nearly always lead counsel in jury trials
both as an ASA and the State Attorney.
29. For the cases you have tried to award in arbitration, during each of the past five years,
indicate whether you were sole, associate or chief counsel. Give citations of any
reported cases.
Not applicable.
30. List and describe the six most significant cases which you personally litigated giving
case style, number and citation to reported decisions, if any. Identify your client and
describe the nature of your participation in the case and the reason you believe it to be
significant. Give the name of the court and judge, the date tried and names of other
attorneys involved.
See Attached.
31. Attach at least one example of legal writing which you personally wrote. If you have not
personally written any legal documents recently, you may attach writing for which you
had substantial responsibility. Please describe your degree of involvement in preparing
the writing you attached.
See Attached.
PRIOR JUDICIAL EXPERIENCE OR PUBLIC OFFICE:

32a. Have you ever held judicial office or been a candidate for judicial office? If so, state the
court(s) involved and the dates of service or dates of candidacy.
No

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32b. List any prior quasi-judicial service:
Dates Name of Agency Position Held

Types of issues heard:

32c. Have you ever held or been a candidate for any other public office? If so, state the office,
location and dates of service or candidacy.
STATE ATTORNEY, FIFTH CIRCUIT 01/03/1989 TO PRESENT
32d. If you have had prior judicial or quasi-judicial experience,
(i) List the names, phone numbers and addresses of six attorneys who appeared
before you on matters of substance.

(ii) Describe the approximate number and nature of the cases you have handled
during your judicial or quasi-judicial tenure.

(iii) List citations of any opinions which have been published.

(iv) List citations or styles and describe the five most significant cases you have tried
or heard. Identify the parties, describe the cases and tell why you believe them to
be significant. Give dates tried and names of attorneys involved.

(v) Has a complaint about you ever been made to the Judicial Qualifications
Commission? If so, give date, describe complaint, whether or not there was a
finding of probable cause, whether or not you have appeared before the
Commission, and its resolution.

(vi) Have you ever held an attorney in contempt? If so, for each instance state name
of attorney, approximate date and circumstances.

(vii) If you are a quasi-judicial officer (ALJ, Magistrate, General Master), have you ever
been disciplined or reprimanded by a sitting judge? If so, describe.

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BUSINESS INVOLVEMENT:
33a. If you are now an officer, director or otherwise engaged in the management of any
business enterprise, state the name of such enterprise, the nature of the business, the
nature of your duties, and whether you intend to resign such position immediately upon
your appointment or election to judicial office.
TREASURER, Trinity Baptist Church, Inc. Non Profit, Treasurer. I will if appointed.
33b. Since being admitted to the Bar, have you ever been engaged in any occupation,
business or profession other than the practice of law? If so, give details, including dates.
No
33c. State whether during the past five years you have received any fees or compensation of
any kind, other than for legal services rendered, from any business enterprise,
institution, organization, or association of any kind. If so, identify the source of such
compensation, the nature of the business enterprise, institution, organization or
association involved and the dates such compensation was paid and the amounts.
No
POSSIBLE BIAS OR PREJUDICE:
34. The Commission is interested in knowing if there are certain types of cases, groups of
entities, or extended relationships or associations which would limit the cases for which
you could sit as the presiding judge. Please list all types or classifications of cases or
litigants for which you as a general proposition believe it would be difficult for you to sit
as the presiding judge. Indicate the reason for each situation as to why you believe you
might be in conflict. If you have prior judicial experience, describe the types of cases
from which you have recused yourself.
Any captial murder cases arising out of the Fifth Circuit from 1989 to present. I
personally supervise those cases and make the decision whether to seek the death
penalty in every 1st degree murder case. Any case where my children, brother or
nephews are/were counsel of record.
MISCELLANEOUS:
35a. Have you ever been convicted of a felony or a first degree misdemeanor?
Yes No X If Yes what charges?
Where convicted? Date of Conviction:
35b. Have you pled nolo contendere or pled guilty to a crime which is a felony or a first
degree misdemeanor?
Yes No X If Yes what charges?
Where convicted? Date of Conviction:
35c. Have you ever had the adjudication of guilt withheld for a crime which is a felony or a
first degree misdemeanor?
Yes No X If Yes what charges?

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 Where convicted? Date of Conviction:
36a. Have you ever been sued by a client? If so, give particulars including name of client,
date suit filed, court, case number and disposition.
No
36b. Has any lawsuit to your knowledge been filed alleging malpractice as a result of action or
inaction on your part?
No
36c. Have you or your professional liability insurance carrier ever settled a claim against you
for professional malpractice? If so, give particulars, including the amounts involved.
No
37a. Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy
been filed against you?
No
37b. Have you ever owned more than 25% of the issued and outstanding shares or acted as
an officer or director of any corporation by which or against which a petition in
bankruptcy has been filed? If so, give name of corporation, your relationship to it and
date and caption of petition.
No
38. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so,
please supply the jurisdiction/county in which the lawsuit was filed, style, case number,
nature of the lawsuit, whether you were Plaintiff or Defendant and its disposition.
Yes, I have been sued many times in my capacity as State Attorney. There is no method
of retrieving those many and various suits over 28 years. There are suits both in Federal
District Court in the Middle District of Florida and in the Fifth Judicial Circuit. They are
former defendant's filing suit in regard to the prosecution of their case.

Personally, the only lawsuit I was a party to is my wife and I adopting our youngest child
in Pinellas County in 2000.

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39. Has there ever been a finding of probable cause or other citation issued against you or
are you presently under investigation for a breach of ethics or unprofessional conduct by
any court, administrative agency, bar association, or other professional group. If so, give
the particulars.
No
40. To your knowledge within the last ten years, have any of your current or former co-
workers, subordinates, supervisors, customers or clients ever filed a formal complaint or
formal accusation of misconduct against you with any regulatory or investigatory agency,
or with your employer? If so, please state the date(s) of such formal complaint or formal
accusation(s), the specific formal complaint or formal accusation(s) made, and the
background and resolution of such action(s). (Any complaint filed with JQC, refer to
32d(v).
No
41. Are you currently the subject of an investigation which could result in civil, administrative
or criminal action against you? If yes, please state the nature of the investigation, the
agency conducting the investigation and the expected completion date of the
investigation.
No

42. In the past ten years, have you been subject to or threatened with eviction proceedings?
If yes, please explain.
No
43a. Have you filed all past tax returns as required by federal, state, local and other
government authorities?
Yes No If no, please explain.
43b. Have you ever paid a tax penalty?
Yes No If yes, please explain what and why.
43c. Has a tax lien ever been filed against you? If so, by whom, when, where and why?
No
HONORS AND PUBLICATIONS:
44. If you have published any books or articles, list them, giving citations and dates.

45. List any honors, prizes or awards you have received. Give dates.

46. List and describe any speeches or lectures you have given.

47. Do you have a Martindale-Hubbell rating? Yes If so, what is it? No

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PROFESSIONAL AND OTHER ACTIVITIES:
48a. List all bar associations and professional societies of which you are a member and give
the titles and dates of any office which you may have held in such groups and
committees to which you belonged.
Florida Prosecuting Attorney's Association, President 1999-2001 and 2013-2015
I am the only State Attorney to have served two terms as president in over 30 years.
Justice Administrative Commission, Chairman, 2012 to present
The Innocence Commission of Florida 2010-2012
The local bar associations of the Fith Circuit grant me membership in the county bars in
Marion, Lake, and Hernando Counties.

48b. List, in a fully identifiable fashion, all organizations, other than those identified in
response to question No. 48(a), of which you have been a member since graduating
from law school, including the titles and dates of any offices which you have held in each
such organization.

48c. List your hobbies or other vocational interests.

family, mentoring youth through Trinity Baptist Church, avid runner until a back injury,
avid road biker
48d. Do you now or have you ever belonged to any club or organization that in practice or
policy restricts (or restricted during the time of your membership) its membership on the
basis of race, religion, national origin or sex? If so, detail the name and nature of the
club(s) or organization(s), relevant policies and practices and whether you intend to
continue as a member if you are selected to serve on the bench.
No
48e. Describe any pro bono legal work you have done. Give dates.

SUPPLEMENTAL INFORMATION:
49a. Have you attended any continuing legal education programs during the past five years?
If so, in what substantive areas?
Yes, Criminal Law, Ethics and Public Government
49b. Have you taught any courses on law or lectured at bar association conferences, law
school forums, or continuing legal education programs? If so, in what substantive areas?
Yes, Criminal Law and Ethics, I also act as a judge for trial practice tournaments.
50. Describe any additional education or other experience you have which could assist you
in holding judicial office.

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51. Explain the particular potential contribution you believe your selection would bring to this
position.
I understand that I may be unique in being the only State Attorney in over forty years that
has applied to be appointed to the Florida Supreme Court. While my record of service as
an attorney may be very different than other applicants, I believe that the role I have
fulfilled in the criminal court system has uniquely qualified me to serve on the Court.
Much of my trial experience, both at guilt and in post conviction has been in the litigation
of capital cases. As those cases compose a significant part of the Court's docket, I have
a substantial understanding of many of those issues that regularly appear before the
Court. Being a trial lawyer, I also have a broad working knowledge of the rules of
evidence and constitutional law that gives me an advantage in dealing with those issues
that come before the court. I have written lengthy arguments that were accepted by trial
judges and approved by the Court. An example is attached hereto. I also have a strong
background in articulating factual findings and legal analysis in the areas of evidence,
search and seizure and the admissiblity of confessions.
While some might think that my work as a prosecutor would predispose me to a
particular position, I have set out cases in questions 27 and 30 that I have handled which
demonstrate my desire to achieve justice in each case. I have spent a career working to
achieve the RIGHT and JUST result in each case that comes before me, that does not
mean simply obtaining a conviction in each situation. In the Brenton Butler case, I was at
the point of the Grand Jury reviewing a system that had failed and recommending
changes to the system to improve its fairness and a more complete search for the truth. I
did that even though it meant criticizing other elected officials and the operation of their
offices.
The prospective that I would bring to the Court is that of a regular everyday person who
grew up in a very middle class circumstance and who has had the privilege of being a
trial lawyer and serving my community for 35 years. I was the first child in my extended
family to graduate from college and then from law school. I have had a brother, two
children and two nephews follow in that path to become lawyers in different parts of
Florida and in different parts of the court system.
Having become an elected State Attorney at a fairly young age, I have had the
opportunity to see many different facets of our government at work. I have seen how it
works well, and how it works poorly. I have indicted or charged three different sheriffs,
required the retirement of a State Attorney who violated the elections laws, and enforced
the Public Meetings laws in a host of different local government entities. I have been a
part of the removal of two judges from the bench. Mostly, I have seen horrific crimes that
turn the public's stomach and have worked on behalf of victims and the community to
see that those criminals are appropriately punished.
I believe that my selection to the Florida Supreme Court would bring the perspective of a
trial lawyer who sees how decisions of the Court effect the court system and our State. I
believe I can make a contribution to the law of Florida and make a difference in the
system that was created to serve us.
52. If you have previously submitted a questionnaire or application to this or any other
judicial nominating commission, please give the name of the commission and the
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 approximate date of submission.

53. Give any other information you feel would be helpful to the Commission in evaluating
your application.

REFERENCES:
54. List the names, addresses and telephone numbers of ten persons who are in a position
to comment on your qualifications for judicial position and of whom inquiry may be made
by the Commission.
Sheriff David Shoar
Judge Lisa Herndon
Judge Robert J. McCune
Judge Brian Lambert
Sheriff Emory Gainey
J.J. Dahl, Dahl Family Practice Group,
Rep. Dennis Baxley,
Ms. Robin Arnold, State Attorney's Office,
Don Barbee, Hernando County Clerk of Court,

Bob McKee, Tax Collector for Lake County Florida,

Pete Antonacci

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 FINANCIAL HISTORY
1. State the amount of gross income you have earned, or losses you have incurred (before
deducting expenses and taxes) from the practice of law for the preceding three-year
period. This income figure should be stated on a year to year basis and include year to
date information, and salary, if the nature of your employment is in a legal field.

Current year to date 128,450

List Last 3 years 154,140 154,140 144,677

2. State the amount of net income you have earned, or losses you have incurred (after
deducting expenses but not taxes) from the practice of law for the preceding three-year
period. This income figure should be stated on a year to year basis and include year to
date information, and salary, if the nature of your employment is in a legal field.

Current year to date Same as Above

List Last 3 years

3. State the gross amount of income or loses incurred (before deducting expenses or
taxes) you have earned in the preceding three years on a year by year basis from all
sources other than the practice of law, and generally describe the source of such income
or losses.

Current year to date None

List Last 3 years 0 3,200 3,200

4. State the amount of net income you have earned or losses incurred (after deducting
expenses) from all sources other than the practice of law for the preceding three-year
period on a year by year basis, and generally describe the sources of such income or
losses.

Current year to date None

List Last 3 years 0 0 0

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27a. Last six cases tried to verdict or judgment.

Case Style and Number - TRIALS Counsel of Record Telephone Numbers

St. of Florida v. Shane Maxwell, 2014 CF 2745; Leon County Paul Villeneuve (850) 561-0707

St. of Florida v. Renaldo McGirth, 2006 CF 2999; Marion Anthony Tatti - State (352) 401-6740
County, Capital Post Conviction Relief Original FSC opinion David Gemmer CCRC Middle (813) 558-1600
48 So.3d 777 (Fla. 2010) Eric Pickard CCRC Middle
Stand by Counsel

St. of Florida v. Joshua Fulgham, 2009 CF 1253 A; Marion Rock Hooker - State (352) 572-2010
County 149 So.3d 31 (Fla. 5th DCA 2014) PCA Terence Lenamon (305) 373-9911
Melissa Ortiz (305) 373-9911
Stuart Hartstone (561) 355-6236
Tanya Alavi (352) 732-9191

St. of Florida v. Jason Wheeler, 2005 CF 377; Lake County Kenneth Nunnelley - State (407) 836-2406
Capital Post Conviction Relief, 124 So.3d 865 (Fla.2013) Mark Gruber CCRC Middle (813) 558-1600
Maria Perinetti CCRC Middle (813) 558-1600

St. of Florida v. Emilia Carr, 2009 CF 1253 B; Marion County Rock Hooker - State (352) 572-2010
156 So.3d 1052 (Fla. 2015) Candace Hawthorne (352) 742-5200
Brenda Smith (352) 669-4667

St. of Florida v. William Kopsho, 2000 CF 3762; Marion Anthony Tatti - State (352) 401-6740
County 84 So.3d 204 (Fla.2012) William Miller (352) 671-5454
John Tedder (352) 671-5454

27b. Cases that were settled without mediation or trial.

Case Style and Number RESOLVED Counsel of Record Telephone Numbers

St. of Florida v. Christopher Blair, 2016 CF 1265; Marion County Richard Ridgway State (352) 671-5914
William Gladson - State (352) 671-5914
Gilbert Schaffnit (352) 378-6593
William DeCarlis (352) 371-3838

St. of Florida v. Zackery Snyder, 2009 CF 4812; Marion County Rock Hooker - State (352) 572-2010
Steven Laurence (407) 862-2529

Re: Investigation of State Attorney Robert Jarvis Richard Ridgway - State (352) 671-5914
David Collins (850) 997-8111

St. of Florida v. Frederick Harris, 2006 CF 1000; Marion County John Moore State ret. (352) 620-3800
Candace Hawthorne (352) 742-5200
Brenda Smith (352) 669-4667
30. Most Significant Cases

State of Florida v. William Happ

1986-CF-671 Citrus County
Happ v. Lockett, 543 So.2d 1281 (Fla. 5th DCA 1989)
Happ v. State, 596 So.2d 991 (Fla. 1992)
There are several subsequent post conviction opinions prior to Happs execution in 2013.
Trial: January, 1989; June, 1989
Jeffrey Pfister was counsel for Happ
Trial Judge: John Thurman and Jerry Lockett on retrial.

William Happs crime occurred in May of 1986, while I was an Assistant State Attorney in the Fifth Circuit, working in
Citrus County. I originally worked with law enforcement in the investigation of the crime but left the State Attorneys
office to run for that office in 1988. At the time I left the case was pending. After the election the judge in Citrus County
set the case for trial in January of 1989, just after I took office. Since the prosecutor that was handling the case resigned,
I had to step in and try the case since the judge would not grant a continuance. After the first case was mistried, Happ
was prosecuted before another judge, convicted and sentenced to death. The case was based mostly on circumstantial
evidence along with the testimony of a jail inmate to whom Happ confessed. In 2013, Happ was executed after refusing
to allow his attorneys to file any other motions on his behalf. At the time of his execution, he confessed to the family
and execution witnesses that he did in fact murder Angela Crowley. The twists and turns of this case taught me valuable
lessons as a new State Attorney. The foremost of those was to learn to see the bigger picture of the trial of a case. While
the conviction is an important part of the process, defending the conviction on appeal through final sentence is the
ultimate goal. I have learned to make decisions in capital cases with an eye toward the conviction and sentence being
upheld on appeal. In making decisions as to whether to seek death in any case, I review the evidence of guilt and
sentence under the standard of what is admissible and what will withstand the scrutiny of the Florida Supreme Court.

State of Florida v. Diane Rowden,

1992-MM-1336 Hernando County
Attorneys for the State: Mark Simpson, Jim McCune Assistant State Attorneys for the criminal case
Attorneys for the Senate: Brad King, Anthony Tatti, and Jim McCune
Attorney for Defendant: Richard Howard, Jackson Brownlee

Ms. Rowden, along with the other four members of the Hernando County School Board were charged with various
violations of the Florida Open Meetings Law. The individual members of the board, led by Ms. Rowden, engaged in an on
going process of discussing business that was scheduled or could reasonably be expected to come before the board for
action. When evidence of their actions surfaced, I instructed our Public Interest Unit to investigate and the decision to
file both criminal and non-criminal charges was made. Since Ms. Rowden was the person who initiated most of the
discussions, she was charged with the most criminal offenses. When she was suspended by Governor Chiles, the Florida
Senate was required to hold hearings to determine whether to uphold the suspension. I was asked by the Governor and
Senate to handle the suspension hearing since I had a working knowledge of the criminal case. The Senate hearing was a
rare instance when different sets of rules are obviously applied to reach a result that someone wants rather that what is
just. During a break in the hearing, the Senate President, Dempsy Barron, appeared in the chamber to shake hands and
chat with Ms. Rowdens attorney in the presence of the Senate Select Committee. During the hearing, the full set of
evidentiary rules would be applied to our presentation, a more lax set of rules applied to Ms. Rowden, and absolutely no
rules applied as the members asked questions. When we would try to follow up on some issue that a senator had raised,
we would be stopped and told that the senator could ask that question, even though we could not, but we could not ask
follow up questions on the same topic. After the actual hearing, we were then free to lobby any senator, if we chose, as
to how to vote on the recommendation of the committee. The Senate eventually took no action on the suspension and
allowed Ms. Rowdens term of office to expire without reinstating her. I took a valuable political lesson away from this
interesting proceeding. Things are done in the Legislature to achieve a desired result. The facts and truth do not matter
nearly as much as what the political objective is.
State of Florida v. Kenneth Ergle
1998-CF-3427 Marion County
No appeal
No Trial, the Defendant pled open to the court
Attorney for Defendant: Frank Amatea
Trial Judge: Senior Judge Robert Rawlins

In October, 1998, agents of the Florida Department of Law Enforcement got a tip and began conducting an investigation
into funds missing from an account to fund confidential investigations at the Marion County Sheriffs office. Sheriff Ken
Ergle subsequently confessed to having taken over $100,000 in funds from the account. Sheriff Ergle had made a name
for himself in the State and also nationally for his treatment of jail inmates and his collection and use of military
hardware from federal surplus property programs. In this case I dealt with the issues of prosecuting a very popular
public official for violations of the public trust. Ergle finally pled open to the court when I refused to agree to a sentence
that did not include jail or prison as a sanction for his conduct. I learned from this case that being popular does not
guarantee that you will make the right decisions. Ergles moral failure served as a stark reminder that unless elected
officials guard their conduct on a daily basis, we are as likely to make colossally stupid choices as anyone else is. We also
have to stand accountable for those choices, both in the court of public opinion and before the bar of justice.

State of Florida v. Brenton Butler

2000-CF-5635 CR-G Duval County
(Butlers original court case number)
Grand Jury Meeting: July 16-18, 2001

State of Florida v. Juan Curtis

State of Florida v. Jermel Williams
2001-CF-3350 Duval County
876 So.2d 13 (Fla.1st DCA 2004)
Attorneys for Defendants: Refik Eler for Juan Curtis; Mr. Quentin Till for Jermel Williams.
Trial: Sept. 23 30, 2002; Oct. 4 13, 2004
Trial Judge: Judge Gregg McCaulie was the judge for the first trial, retired Judge James L. Harrison presided over the re-
trial.
Mr. Thomas Delegal represented Officer Duane Darnell; Mr. Robert Willis represented Officer Michael Glover; Mr.
Wayne M. Ellis represented officers James Williams and James Joiner.

There was no judge directly involved in the Grand Jury proceeding, although I worked with the Chief Judge Donald
Moran of the 4th Circuit on a variety of issues involving the Grand Jury.

I was assigned by Gov. Bush to investigate a claim that the Jacksonville Sheriffs Office arrested and the 4th Judicial
Circuit State Attorneys office prosecuted, a juvenile that they knew or should have known was innocent of the murder
for which he was prosecuted.

During Butlers trial he alleged that the confession which was introduced against him was coerced by the investigators
involved in the case. One of those investigators was also the son of the then-sheriff of Duval County. The Grand Jury of
Duval County presented a lengthy report calling for reforms in the Sheriff and State Attorney offices.

While our investigation was on going, a lead was developed from the Office of the Public Defender which represented
Brenton Butler in the original criminal case. As a result of a statement from an incarcerated inmate, the actual
murderers were apprehended and I was assigned to prosecute them for the murder which Butler had been arrested and
tried for. One murderer pled and testified against the other, whose fingerprint was found on property of the victim
which had been returned to her husband. The second defendant was convicted at trial.
These cases were significant because taken together, they showed the community that the system would indeed work
to insure that the innocent were exonerated and the guilty punished. The cases also required reform in the investigative
and prosecutorial systems of both the Jacksonville Sheriffs office and the 4th Circuit State Attorneys office.

State of Florida v. John Evander Couey

2005-CF-298 Citrus County
No appeal, defendant died in custody before his appeal to the Florida Supreme Court was final.
Trial: February and March, 2007
Attorneys for the State: Pete Magrino, Richard Ridgway, and myself
Attorneys for the Defendant: Alan Fanter, and Morris Carranza Assistant Public Defenders
Trial Judge: Richard Howard

In February, 2005 the entire State of Florida mourned the abduction and murder of Jessica Lunsford in Homosassa. The
Citrus County Sheriffs Office responded to the call of her family that she was missing from her bedroom and could not
be found. Media from all over Florida swarmed Homosassa as the community first searched for her and then mourned
for her after her body was found in a shallow grave. There was intense pressure by the media to charge acquaintances
of Couey with complicity in the abduction and murder. While I did not personally handle the prosecution of the case, I
became the point person in explaining the laws of Florida to the Governor, Legislature, press and public as to why
persons who may have aided Couey in some fashion could not be charged with crimes. I went with my assistants to
Miami on a change of venue to ultimately try Couey for his crimes and again was the point person to explain the course
of the trial.

In handling this case, I was reminded that many people, even in government, do not understand the basic premises of
our court system. I constantly had to remind leaders that as a prosecutor, we do not charge people because we do not
like them or because the public thinks that they are evil. Prosecutors do their duty when they refuse to charge someone
with a crime that they did not commit, just as they do their duty when someone is charged and convicted. This case was
an exercise in doing the right thing even when it has an unpopular result. The independence of prosecutors and the
judiciary to decide cases based on the facts and the law is a bedrock principle of our court system. Sometimes it requires
those who are a part of the system to take a stand in the face of a contrary sentiment by the public and even other
elected officials.

State of Florida v. Freddie Lee Hall

1978-CF-55 Sumter County
403 So.2d 1321 (Fla.1981) - Hall
397 So.2d 277 (Fla.1981) Ruffin codefendant
Latest decision September 8, 2016 FSC 2016 WL 4697766
Attorneys for the State: varied over the years of Halls proceedings up and down the court system. His last circuit court
hearing was handled by Assistant State Attorneys Anthony Tatti and Rock Hooker.
Attorneys for the Defendant: have also varied over the years of Halls proceedings.
Trial Judge: most recently Richard Tombrink of Hernando County, assigned to the Sumter case.

In 1978, Freddie Hall and his co-defendant Mack Ruffin, abducted seven month pregnant Carol Hurst from a grocery
store parking lot in Lake County. They took her into Sumter County where they raped and murdered her. There has
always be some controversy over who was the actual killer, but there is no question that the two acted in concert in
order to steal her car so that they could rob a convenience store in the 5th Circuit. As they attempted to rob a store in
Hernando County, they were confronted by a deputy sheriff whom they attacked and shot to death. From these events
there ensued a tortured appellate history that eventually allowed both men to escape the death penalty. I supervised
the handling of these cases since I took office in 1989. In its latest case regarding Hall, the Florida Supreme Court
decided that it would use evidence that was proffered into the record, that was not subject to adversarial testing, nor
any finding by the trial court as to its credibility, in order to hold that Hall was intellectually disabled and must be
sentenced to life. The trial court had ruled based in the Courts holding in Cherry v. State, 959 So.2d 702 (Fla.2007),
which was abrogated by Hall v. Florida, 134 S.Ct. 1986 (2014) that since Halls IQ testing was above 70 he could not meet
the Florida definition of intellectual disability. The trial court allowed the defense to proffer evidence of adaptive
function but specifically did not rule on that evidence as it was simply proffered into the record. The Florida Supreme
Court however, decided to use the proffered evidence to hold that Hall was intellectually disabled and ordered his
sentence reduced to life.

I learned from this case that courts are not always intellectually honest in their decision making. A majority of four
simply decided that they would substitute their judgement for that of the trial court and decide that Hall should not be
sentenced to death.

31. Writing sample: See attached. I was the primary author of the sentencing memo since AAG Nunnelley had to leave
the hearing to participate in another case. He reviewed the draft before it was finalized.
This document was filed in post conviction relief proceeding of Wheeler v. State which was upheld on appeal, Wheeler v.
State, 124 So.3d 865 (Fla. 2013).