Florida Supreme Court Upholds FAMU Hazing Conviction
The Florida Supreme Court has ruled against former Florida A&M University student Dante Martin, convicted for his part in the hazing death of fellow bandmate Robert Champion, who argued that Florida's hazing statute was unconstitutional.
December 13, 2018 at 03:38 PM
3 minute read
The late Florida A&M Marching 100 Drum Major Robert Champion. Photo: Don Juan Moore/AP.
The Florida Supreme Court on Thursday upheld the conviction of former Florida A&M University (FAMU) student and marching band member Dante Martin, jailed for his involvement in a hazing ritual that killed fellow “Marching 100″ member Robert Champion in November 2011.
Martin was among 13 students charged with beating Champion to death in a longstanding ritual called “crossing Bus C,” where band members are repeatedly punched, slapped and kicked as they walk from the back to the front of a bus.
In 2015, a jury convicted Martin of manslaughter, felony hazing resulting in death and two counts of misdemeanor hazing, sentencing him to 77 months in prison.
Martin had argued that the Florida hazing statute underpinning his conviction, 1006.63, was unconstitutionally overbroad — too vague to be properly enforced. And as the bus crossing was related to an athletic event, Martin's lawyer argued it could be considered a competition, which doesn't fit under the statute.
![](https://images.law.com/contrib/content/uploads/sites/392/2018/12/Florida-Supreme-Court-Vert-201812131955.jpg)
But justices disagreed, ruling that although Martin pointed out some ”run-of-the-mill ambiguity” in the hazing statute, Champion's brutal beating “falls squarely and unambiguously” under its definition.
“To the contrary, the crossing most closely resembles the infamous military punishment known as the 'running of the gauntlet,' ” the opinion said.
Chief Florida Supreme Court Justice Charles Canady wrote the opinion, with which Justices Peggy Quince, Ricky Polston, Jorge Labarga and Alan Lawson concurred. Justices Barbara Pariente and R. Fred Lewis concurred in result only.
Martin's Tallahassee lawyer Rupak Shah of Escobar & Associates said his client is looking forward to his release and to sharing his story with other students.
“Although we believe Mr. Martin's appeal should have been granted, we respect the court's ruling. We also want the public to know that Mr. Martin, like the other participants in the incident, is a good person. He went to college for the right reasons. Unfortunately, Mr. Martin got involved in a marching band ritual that had been practiced for many decades,” Shah said.
Florida Attorney General Pam Bondi represented the state in the case, with bureau chief Wesley Heidt and assistant attorneys general Kristen L. Davenport and Bonnie Jean Parrish.
In a seperate civil lawsuit, FAMU reached a $1.1 million settlement with Champion's family in 2015.
Related stories:
Supreme Court Justices Weigh Hazing Law in Drum Major's Death
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Florida Judge Denies Motion to Dismiss in $150M Plane Crash Lawsuit Involving Flow La Movie Florida Judge Denies Motion to Dismiss in $150M Plane Crash Lawsuit Involving Flow La Movie](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/18/1b/6bd668a742d2b7c52a213921ac7b/bucciero-gorwitz-cid-767x633.jpg)
Florida Judge Denies Motion to Dismiss in $150M Plane Crash Lawsuit Involving Flow La Movie
3 minute read![Heir Cut: Florida Appellate Court Backs Garth Reeves' Will Heir Cut: Florida Appellate Court Backs Garth Reeves' Will](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/1a/5a/54f1609943889700618e7b8cd244/shaw-wilder-robinson-767x633.jpg)
![Holland & Knight Expands Corporate Practice in Texas With Former Greenberg Traurig Partner Holland & Knight Expands Corporate Practice in Texas With Former Greenberg Traurig Partner](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/cd/e5/cb5a9afd423bb775415c5ba8a0e4/ronald-skloss-767x633.jpg)
Holland & Knight Expands Corporate Practice in Texas With Former Greenberg Traurig Partner
3 minute read![Forum Clause Axes $844M Case Against Reinsurer Over Deadly Plane Crash, Judge Rules Forum Clause Axes $844M Case Against Reinsurer Over Deadly Plane Crash, Judge Rules](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/dailybusinessreview/contrib/content/uploads/sites/414/2024/08/International-View.jpeg-image767x633cropped.jpg)
Forum Clause Axes $844M Case Against Reinsurer Over Deadly Plane Crash, Judge Rules
Trending Stories
- 1NBA Players Association Finds Its New GC in Warriors Front Office
- 2Prenuptial Agreement Spousal Support Waivers: Proceed With Caution
- 3DC Circuit Keeps Docs in Judge Newman's Misconduct Proceedings Sealed
- 4Litigators of the Week: US Soccer and MLS Fend Off Claims They Conspired to Scuttle Rival League’s Prospect
- 5Litigator of the Week Runners-Up and Shout-Outs
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250