LookIngBaCkandforwardwIthJudgedarryLC . CaSanueva appellate practice Section Chairs : DavidCostello – FLOfficeoftheAttorneyGeneral & DimitriPeteves – Creed & Gowdy , P . A .
The Honorable darryl C . Casanueva recently retired from the Second district Court of Appeal after serving nearly twentyseven years on the appellate bench . He generously sat down with us to reflect on his career .
Q : What are some rewarding aspects of your career ?
A : The ability to serve the public and the profession . dealing with important issues , ensuring our decisions followed the law without creating anything new or exceeding our authority . Also , the wonderful people I ’ ve met and the great lawyers I ’ ve heard . Bless their hearts , they tried to answer my questions and helped me get to an answer .
Q : What ’ s one case you recall finding particularly challenging ?
A : There was a case you [ Jared ] and I worked on . The issue was whether an effective life sentence resulting from combining terms-ofyears sentences on non-homicide crimes was unconstitutional as applied to a juvenile . 1 Bryan Stevenson from the Equal Justice Initiative — we didn ’ t know who he was at the time — represented the defendant . I thought he was outstanding but , as we wrote , the case didn ’ t go his way .
Q : What ’ s one way the law has changed that stands out ?
A : Preservation of error . When I first started there was some passing
notice of it in the law . Then the supreme court detailed clear and strict requirements for preservation . That has substantially changed our perspective on what to address in our opinions .
Q : Name a challenge facing the appellate judiciary today .
A : developing a method for undertaking the constitutional analysis that has recently gained popularity . History and tradition guide us , but most appellate judges are not trained historians who have methods to investigate , test , and verify historical facts . How do judges undertake the same analysis ? How do we choose who to rely on , and avoid bias in selecting those that will guide our conclusions ? developing this process will be a challenge .
Q : What are your most treasured accomplishments ?
A : I ’ m glad to complete my term while I was still alive . [ Chuckles .] Seriously though , I don ’ t perceive my career as a matter of accomplishment . My duty was to do the best that I could on every case . Whether I succeeded or failed , that ’ s for others to decide .
Q : What are you looking forward to in retirement ?
A : Travel with my wonderful wife that we had deferred over the years . And spending time with our two
The Honorable Darryl C . Casanueva
mydutywastodo thebestthatIcould oneverycase . whetherIsucceeded orfailed , that ’ sfor otherstodecide . children and our two young grandchildren .
Q : Will we ever see you back on the bench ?
A : At this time , I intend to apply for senior judge status in a few months , but who knows what the future will bring .
Q : Thank you for everything , Judge . one last question — where to for lunch ?
Note : Co-author Jared Krukar , B . C . S . Appellate Practice , is a career staff attorney to Judge Northcutt who clerked for Judge Casanueva from 2008 to 2012 . Co-author Alison Schwartz is a Second DCA Intern , a recent University of Tampa graduate who will be attending the Charleston School of Law .
1
See Walle v . State , 99 So . 3d 967 ( Fla . 2d dCA 2012 ).
Authors : Jared Krukar & Alison Schwartz – Florida Second District Court of Appeal
1 2 M A r - A P r 2 0 2 5 | H C B A L A W Y E r