Latest Case: Craft v. State (Civil Rights)

Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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Craft v. State

Docket: SC19-953

Opinion Date: November 19, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's first-degree murder conviction and sentence of death, holding that any error in the proceedings below was not prejudicial. Defendant pleaded guilty to the first-degree murder of his cellmate. The trial court accepted the plea, finding that it was freely, voluntarily, knowingly and intelligently given. The trial court sentenced Defendant to death. The Supreme Court affirmed, holding (1) the trial court erred in one aspect of how it handled mitigation, but the error did not prejudice Defendant; (2) the trial court did not fundamentally error by failing to determine beyond a reasonable doubt that the aggravating factors were sufficient to justify the death penalty; (3) the trial court’s failure to enter a written order finding Defendant competent to proceed after orally announcing its competency finding did not constitute fundamental error; and (4) Defendant's guilty plea was knowingly, intelligently, and voluntarily entered.