Conviction upheld in death of FAMU band member

TALLAHASSEE – More than seven years after the death of Florida A&M University drum major Robert Champion, the state Supreme Court on Thursday upheld the conviction of a fellow band member and rejected arguments that a hazing law was unconstitutional.

The Supreme Court unanimously rejected an appeal by Dante Martin, who was convicted on manslaughter and hazing charges in an incident that drew national attention. Champion suffered fatal injuries in November 2011 in Orlando during a ritual known as "crossing Bus C."

During the ritual, members of Florida A&M’s renowned “Marching 100” band were struck repeatedly as they crossed from the front of the bus to the back, and Martin was "president" of Bus C, according to court records. Champion passed out after finishing the crossing and later was pronounced dead at a hospital.

Martin, now 31, was sentenced to 77 months in prison after being found guilty by an Orange County jury of manslaughter, felony hazing resulting in death and two counts of misdemeanor hazing. But in appealing, he argued that the state’s hazing law was unconstitutional because it was overly broad and vague.

In a 19-page opinion written by Chief Justice Charles Canady, the Supreme Court on Thursday upheld a ruling by the 5th District Court of Appeal that rejected the arguments.

In part, Martin’s attorneys contended that the hazing law was overbroad because it criminalized constitutionally protected speech and conduct, but Canady said prosecution under the law required a showing of “serious bodily injury or death” for a felony charge or a “substantial risk of physical injury or death” for a misdemeanor charge.

“The focus of the criminal hazing statute thus undoubtedly is on physical harm and the risk of physical harm,” Canady wrote. “Any impact on speech or expressive conduct is insubstantial and purely incidental to the purpose of preventing physical