In this oral argument, Mr. Colbert shows that it is possible to argue under Florida law that even the murder of the child’s mother is insufficient to establish a nexus of harm to the children. Based on the court’s questions, this is probably not true much longer in the Third DCA.
The OA also contains an interesting discussion at the beginning about whether pre-trial detention constitutes incarceration for the purposes of a TPR, with Judge Emas sharply questioning the constitutionality of TPR’ing someone just because they couldn’t post bail (a scenario that does not appear to be the facts of this case).
Attorneys: Hillary Kambour for GAL Program; Kevin Colbert for the father.
Judges: Emas, Shepherd, Scales
(1) What constitutes incarceration for purposes of TPR?
(2) Do the facts of this case constitute “egregious” domestic violence?
(3) Was there CSE to prove the father murdered the mother?
(4) What nexus is required in cases involving egregious abuse or murder of a parent?
Outcome: PCA’d at http://www.3dca.flcourts.org/Opinions/Opinions2014-04-16.shtml .