Latest Case: State v. Smith (Criminal Law)

Economic Theory Shows that People Will Make Choices that Worsen the Pandemic

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan points out some of the ways in which congressional Republicans misunderstand economics to justify withholding unemployment payments from Americans during the COVID-19 pandemic. Buchanan argues that economic theory soundly demonstrates that given the opportunity, people will make choices that worsen the toll of the pandemic.

Read More

State v. Smith

Docket: SC19048

Opinion Date: August 11, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court dismissed this petition for certification to appeal from an order of the Appellate Court affirming the order of the trial court denying Defendant's motion for bond modification, holding that three related concerns inform the Court's decision not to exercise jurisdiction over Defendant's claims. Defendant moved for modification of his $250,000 bond and an order granting his release on a promise to appear, asserting that his asthma and sleep apnea put him at a heightened risk of serious consequences should he contract COVID-19. The lower courts denied relief. The Supreme Court affirmed, concluding (1) the procedural posture of this case would require the Court to exercise jurisdiction on grounds that were not raised by Defendant; (2) the record was devoid of evidence regarding the nature and degree of the risk Defendant claimed was heightened by his detention at a correctional facility; and (3) the fact that Defendant provided no information regarding the scope of the problem among other pretrial detainees was problematic.