May 5th, 2006
2006 Florida High School Appellate Competition

In this hypothetical case, the state challenges a ruling by Florida’s “Sixth” District Court of Appeal in an appeal filed by Jamie Olsen, a reporter for the “Deerfield Gazette” convicted of the murder of an undercover law enforcement agent. Mr. Olsen had ties to the people being investigated by the agent, who was fatally shot a day after being identified by the Gazette. Mr. Olsen was sentenced to 25 years in prison for the murder. The trial judge sentenced him to another five years for violating a state law that makes it a crime to use the press to perpetuate any crime even though Mr. Olsen was not charged with that crime and the jury did not specifically address it. This case presents the Supreme Court with two issues. First, does the First Amendment give Mr. Olsen the right to refuse to disclose the identity of a confidential source? Secondly, was Mr. Olsen’s Sixth Amendment right to trial by jury violated because the judge sentenced him for a crime that the jury did not specifically address? The Sixth District Court of Appeal ruled Mr. Olsen’s First Amendment right was not violated but that his Sixth Amendment right was.