The First District Court of Appeal of Florida, which is not known to have a crowded court docket, has sat on what should qualify as a landmark case, involving the use of facial recognition software by law enforcement, for more than one year since the briefs were filed. For some unknown reason, the Court has failed to enter a decision.
We have previously reported on this case, in the article entitled If you Identify a financial criminal through Facial Recognition Software, must you disclose that ? The issue presented is whether prosecutors must disclose all the results of the use of facial recognition software in criminal Discovery, when the facial recognition software was employed to identify the defendant.
The defendants' appeal has been pending since 2016, and the last brief was filed a year ago. Why can't the Court hand down its decision ? we cannot say, but We will continue to monitor the case docket until a ruling is filed. It appears that Case Management staff at the 1st DCA are not doing their jobs.
Readers are encouraged to access the hyperlink above, to have a full understanding of the issue on appeal.