4DCA Division 1 Oral Argument - 2025/12/11 - Dec 11, 2025

argument

4DCA Division 1 Oral Argument - 2025/12/11

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What are the procedural steps for remote appearances at the oral argument?

Martha 17:50
Good morning, this is Martha from the clerk's office. I will be doing a quick check in for those of you appearing remotely. If you can please uh unmute yourselves and turn on your videos and please state your presence when I call your name. I have attorney Richard uh Schwarzberg.
Richard Schwartzberg 18:08
Yes, present.
Martha 18:09
Thank you. Uh attorney Jason Stone.
Jason Stone 18:16
Yes, present.
Martha 18:19
Also uh attorney Steven Lopez.
Steven Lopez 18:22
Yes, president.
Martha 18:24
And I am missing uh attorney Daniel Robinson. Attorney Lopez, do you know if if um your co counsel is gonna be appearing?
Steven Lopez 18:36
I understood he was. I'm not sure why he has yet to, other than maybe he didn't get the message that he was supposed to get on fifteen minutes early.
Martha 18:45
Okay. All right. Thank you. Okay, so I'm gonna ask you to please keep your microphones and videos off until your case is called. If you experience any technical difficulties during the oral argument session, immediately exit the video conference and use the phone number and access code that was emailed to you this morning. Okay, so please turn them off and court will be with you shortly. Thank you.
Martha 19:54
Council Robinson?
Unknown 19:56
Yes. Okay.
Martha 19:58
All right, so I'm just gonna repeat what I said earlier. I don't know if you heard that. So if you experience any technical difficulties, uh please exit the Zoom meeting immediately and then use the access code and the phone number that I emailed you this morning. Uh so just make sure that you keep your microphone and your video off until your case is called. Right, thank you.
Jeremy Golden 21:07
All right. You want me to come back in?
Unknown 24:29
Margie, welcome to Court of Appeal. Just a few things before we get started this morning. Uh the appellate table is here to my right. When you come to RU, please make sure you adjust that for the So though the microphone is pointed at your chin. If you don't, the justices will not be able to hear you and they'll make you adjust the podium properly in the middle of your argument. If you have used the restroom, you have to come back through screening. Uh any questions for me this morning? Thank you, Mr. China.
Unknown 27:57
Okay. Yeah. Yeah. Good morning, welcome to the Court of Appeal. Uh with me on this panel are Justice Doe to my left, Justice Kelly to my right. Uh we do have a couple of panel changes, however On all of the cases that we have, keep in mind we're very familiar with your briefs, so just highlight those issues you think are most important. We'll start this morning with people versus Camacho. I understand Appellants Council is appearing remotely. Could you state your appearance please and tell us if you wish to reserve time?
Richard Schwartzberg 28:36
Good morning, your honors. Um Richard Schwartzberg appearing on behalf of appellant. Adrian Camacho and I would ask to reserve five minutes if I could.
Unknown 28:45
All right. And the Attorney General is here and I'll you may be seated. Thank you. You may proceed.
Richard Schwartzberg 28:52
Um if it please the court, um I would like to uh begin. I'm assuming there are gonna be a lot of questions. I'm hoping there's gonna be a lot of questions.
Unknown 29:00
Well you've read the most recent case out of the second district.
Richard Schwartzberg 29:04
Kane? Yes. I did. Um I I what I would like to do is sort of give the court a bullet point of three Responses that I have to the issue before the court and I have a question at the end of it to ask the court for some clarity as to the focus question. That the court uh provided in advance of oral argument. Um it's it's appellants view that the twenty twenty four amendment well, first of all, this is the the issue before the court is whether the trial court had jurisdiction. to modify The death penalty. Uh it's pretty straightforward. I It's appellant's view that the twenty twenty four amendments to eleven seventy two point seventy five. Which excluded a specific category of capital defendants, which are those whose underlying offences involve
Richard Schwartzberg 30:01
A violent sexual offense. indicates that the legislature's intent in amending eleven seventy two point or eleven seventy two point seven five is that all other capital defendants would be subject to a full resentencing if they in fact were eligible under the section uh to have those priors the six six seven point five b priers struck

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