SARASOTA HERALD-TRIBUNE CO., INC., AND JOHN GIBEAUT, PETITIONER,
v.
THE HONORABLE WALTER R. TALLEY, RESPONDENT
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Court denied petition for review of a gag order as moot because the underlying criminal case concluded with conviction before the appellate proceeding was resolved, though the court noted the trial judge departed from essential legal requirements by issuing the order without prior notice and hearing to the media.
A petition for review of a gag order becomes moot when the underlying criminal case concludes before the appellate petition is decided.
[1] A gag order issued without prior notice and opportunity to be heard by the media violates essential requirements of law, but a petition for review becomes moot upon concl…
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Join FLexlaw to unlock all legal intelligenceThe trial court issued a gag order in a criminal prosecution without providing prior notice or opportunity to be heard to members of the media.…
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PER CURIAM.
This is a petition for review, filed pursuant to Florida Rule of Appellate Procedure 9.100(d), of a “gag order” issued by respondent in State v. Nowitzke, Nos. 85-1835-F and 87-1931-F, which was at the time being prosecuted in the Circuit Court in and for Manatee County. While it appears that the trial court departed from the essential requirements of law in issuing the order without prior notice and opportunity to be heard by at least one member of the media, see News-Press Publishing Co., Inc. v. Hayes, 493 So. 2d 1 (Fla. 2d DCA 1986); Times Publishing Co. v. Penick, 433 So. 2d 1281 (Fla. 2d DCA 1983); Times Publishing Co. v. Hall, 357 So. 2d 736 (Fla. 2d DCA 1978), we deny the petition because the issue has become moot in that Nowitzke was convicted of the charges against him while this petition for review was pending. We further note that on October 28, 1987, this court issued an order in these proceedings which stayed respondent’s order until such time as the media was given notice and a hearing on the issuance of the “gag order.” No such notice and hearing was held before Nowitzke’s trial began; thus, the stay of the “gag order” was in effect during Nowitzke’s trial which has now concluded.
Petition for review denied.
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Times Publ'g Co. v. Honorable Vincent Hall, 357 So. 2d 736 (Fla. 2d DCA 1978)
- Times Publ'g Co. v. Penick, 433 So. 2d 1281 (Fla. 2d DCA 1983)
- News-Press Publ'g Co., Inc. v. Honorable Hugh D. Hayes, 493 So. 2d 1 (Fla. 2d DCA 1986)