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Andrew Warren's attorneys argued in a federal appeals court in Alabama that a federal judge has the power to have him reinstated.
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Attorneys for Warren and Gov. Ron Desantis will hold in-person arguments in court Tuesday.
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In a 56-page document, DeSantis' attorneys say the state Senate should decide the case brought by the suspended Hillsborough state attorney.
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Andrew Warren is appealing his suspension by Gov. Ron DeSantis. His case will be heard in May.
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Gov. Ron DeSantis is questioning the actions of State Attorney Monique Worrell over how she handled cases involving a suspect charged with fatally shooting a TV reporter, a 9-year-old girl and a woman in Orlando.
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Andrew Warren filed the petition days after he announced he was filing an appeal in federal court.
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Gov. Ron DeSantis suspended Warren in August. A district court judge ruled DeSantis violated Warren's First Amendment rights, but did not have the authority to reinstate him.
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Former Hillsborough County State Attorney Andrew Warren won't get his job back after asking Gov. Ron DeSantis to reinstate him in a letter this week.
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Citing the ruling in federal court that his First Amendment rights were violated, Warren wrote the letter to "respectfully request" DeSantis "voluntarily reinstate me as Hillsborough County's duly elected state attorney."
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Tampa Bay’s regional transit authority is going away. Members of the authority voted last Friday to dissolve it.
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A law professor who has been following the case says the bottom line is DeSantis was found guilty of an unconstitutional power grab.
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In his ruling, Judge Robert Hinkle said Gov. Ron DeSantis was wrong in suspending Andrew Warren as Hillsborough State Attorney.