207 So. 3d 310
Fla. Dist. Ct. App.2016Background
- Defendant Dante Martin was president of "Bus C," part of Florida A&M's Marching 100 percussion section; he presided over a hazing ritual called "Crossing Bus C."
- The ritual involved a "hot seat," "prepping" (repeated slaps), and a crossing during which participants were struck, kicked, and punched; defendant decided who could cross and participated.
- After a post-game crossing, Robert Champion collapsed on the bus, was hospitalized, and later died; autopsy later concluded homicide.
- Defendant was charged and convicted by a jury of manslaughter, felony hazing resulting in death, and two counts of misdemeanor hazing; sentenced to 77 months.
- On appeal he challenged: (1) constitutionality of Florida's hazing statute (overbreadth and vagueness), (2) denial of motion to dismiss manslaughter (statutory preemption), (3) several evidentiary rulings (chain of custody, autopsy/bone-harvest photos), (4) jury instruction on uncharged conspiracy and refusal to give a proposed hazing instruction, and (5) denial of mistrial for prosecutor comment.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martin) | Held |
|---|---|---|---|
| Constitutionality — Overbreadth of hazing statute | Statute regulates non-speech conduct (hazing) and does not infringe First Amendment rights | Statute is overbroad because subsection denying consent as a defense criminalizes association/expression and sweeps into protected activity | Overbreadth challenge rejected — defendant failed to show statute targets First Amendment–protected conduct |
| Constitutionality — Vagueness (terms like "brutality," "competition") | Terms have ordinary meanings; statute gives fair notice and examples; dictionaries and precedent supply meaning | Terms are vague and invite arbitrary enforcement | Vagueness challenge rejected — defendant lacked standing re: "brutality" (his conduct was plainly proscribed) and "competition" has ordinary meaning per dictionaries |
| Motion to dismiss manslaughter (preemption/specific vs. general statutes) | State: Legislature expressly allowed prosecution for more general offenses arising from same episode (§1006.63(6)) | Martin: Specific hazing statute should control, making manslaughter count duplicative; more severe manslaughter penalty should displace hazing | Denial of dismissal upheld — statutory text permits prosecution under both specific and general statutes |
| Evidentiary rulings — chain of custody / autopsy & bone-harvest photos | Photographs and testimony were relevant to show physical brutality and manner of death; no evidence of probable tampering during bone harvest | Evidence should be excluded for lack of chain of custody and risk of tampering; autopsy photos unduly prejudicial | Admission upheld — defendant failed to show probable tampering; photos were relevant, assisted medical examiner, and were not unduly prejudicial |
| Jury instructions & mistrial | Court's custom instruction on uncharged conspiracy properly defined conspiracy and burden; curative instruction cured prosecutor's improper remark | Requested uncharged-conspiracy and hazing instructions should have been given; prosecutor's comment required mistrial | No abuse of discretion: court's conspiracy instruction sufficient; hazing instruction claim not preserved; mistrial denied because curative instruction sufficed |
Key Cases Cited
- State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994) (framework for overbreadth/vagueness analysis)
- J.L.S. v. State, 947 So. 2d 641 (Fla. 3d DCA 2006) (overbreadth/vagueness standing rules; limits on facial challenges)
- Morton v. State, 988 So. 2d 698 (Fla. 1st DCA 2008) (use of ordinary meaning and dictionaries for undefined statutory terms)
- Adams v. Culver, 111 So. 2d 665 (Fla. 1959) (specific statute vs. general statute rule)
- State v. Jones, 30 So. 3d 619 (Fla. 2d DCA 2010) (burden to show probable tampering before exclusion of evidence)
- Mansfield v. State, 758 So. 2d 636 (Fla. 2000) (photograph admissibility — relevance primary test)
- Ault v. State, 53 So. 3d 175 (Fla. 2010) (standards for admitting autopsy/photographic evidence)