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Category archives for: Florida Supreme Court

Scott Wants Justice Pariente Disqualified From Decision on Governor’s Authority to Pick Her Successor

| November 21, 2017

The issue in the case is whether Scott or his successor will have the power to make the appointments — an issue that could shape the balance of the court for years.

For David Snelgrove, Sentenced in Palm Coast Double-Murder in 2000, Execution Again In Question

| August 29, 2017

The Supreme Court threw out David Snelgrove’s death sentence as unconstitutional because twice juries were not unanimous. A re-sentencing’s complicated road began today before Judge Dennis Craig.

Florida Supreme Court Admits to Mistake But Clears Record 24th Execution on Scott’s Watch

| August 22, 2017

Lawyers for Mark James Asay, convicted of killing Robert Booker and Robert McDowell in 1987, asked for a new hearing after the Florida Supreme Court issued a rare mea culpa for mistaking one of the victims as black.

Not This Time: Supreme Court Rejects Re-Sentencing For Murderer of 13-Year-Old Girl

| August 11, 2017

Hitchcock was sent to Death Row after a 10-2 jury recommendation. Attorneys argued that the new unanimity standard should retroactively apply to his case and lead to a new sentencing hearing.

Justices Appear Skeptical of Prosecutor’s Claim of Absolute Discretion in Death Penalty Cases

| June 29, 2017

Even the Supreme Court’s more liberal justices grilled the lawyer for Aramis Ayala, the state attorney stripped of two dozen cases by Scott after she said she’d not seek capital punishment for defendants.

Citizens’ Review Panel May Not Force Testimony From Cops, Florida Supreme Court Rules

| June 22, 2017

The case stemmed from a complaint filed in 2009 alleging misconduct by a cop during a traffic stop. The Miami police department’s internal affairs division found insufficient evidence of misconduct.

Game Over: Lawmakers, Not Voters, Decide Whether To Allow Slot Machines, High Court Rules

| May 20, 2017

The Florida Supreme Court squashed a broad expansion of slot machines in at least eight counties, saying the decision to allow pari-mutuels to add the lucrative games rests with the Legislature, not voters.

Cops’ Dash-Cam Video Evidence Gets Big Boost in 5-2 Ruling By Florida Supreme Court

| February 1, 2017

“We cannot expect officers to retain information as if he or she were a computer,” the court ruled, granting power to judges to review video evidence when available.

In Bizarre Move, Court Stops Prosecutors From Seeking Death Penalty, Then Rescinds Order

| January 5, 2017

The release of the Florida Supreme Court order, a mistake, according to a court spokesman, further muddled Florida’s embattled death penalty, on hold for nearly a year following a U.S. Supreme Court decision last January.

Striking at Balance of Powers, Florida Lawmaker Files Measures to Nullify Court Decisions

| December 28, 2016

Gonzalez’s bills are a reflection of the Legislature’s latest assault on judicial power. But taking aim at separation of powers considered fundamental, if not sacred, to American government may be more of a partisan than a realistic exercise.

Justice James E.C. Perry’s Last Dissent Denounces Florida’s Death Penalty

| December 23, 2016

Justice Justice James E.C. Perry in a blistering condemnation of the death penalty in general rendered a blistering analysis of the manner in which capital punishment is carried out in Florida.

3 Flagler Death Sentences Among More Than 200 Invalidated By Florida Supreme Court

| December 22, 2016

The invalidation of 55% of death sentences affect those of two Flagler double-murderers–William Gregory, of Flagler Beach, David Snelgrove of Palm Coast–and Cornelius Baker, who killed a woman in Flagler.

In Tilt to Right Gov. Scott Appoints Appeal Court Judge C. Alan Lawson to Supreme Court

| December 16, 2016

Lawson’s appointment to the Supreme Court reduces the influence of the liberal-leaning court majority, which has been made up of Perry, Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis and Peggy Quince.

Nominating Commission Sends 3 Names to Scott for Next Supreme Court Appointment

| November 29, 2016

Fifth District Court of Appeal Chief Judge C. Alan Lawson, appellate Judge Wendy Berger and Orlando lawyer Dan Gerber made the final cut of the Supreme Court Judicial Nominating Commission.

Florida Supreme Court in Seminal Decision Rules Death Penalty Verdicts Must Be Unanimous

| October 14, 2016

The court’s 5-2 decision, which will immediately affect 40 inmates and many of the 385 others on death row, ends Florida’s status as an outlier state where non-unanimous death penalty recommendations were allowed.

Justice Perry Will Retire, Giving Gov. Scott 1st Chance to Appoint a Conservative to High Court

| September 12, 2016

Perry is among five jurists who make up a liberal-leaning majority of the seven-member court, which has drawn the wrath of the Republican governor and the GOP-dominated Legislature.

License for Probable Cause: Justices Rule You May Be Pulled Over For Any Visible Tag Issue

| May 13, 2016

Florida Justices, in a 5-2 decision, rejected an appeal from a driver stopped by Orlando police because a tag light and wires were hanging over the license plate on a vehicle he was driving.

In a Blow to Business, Supreme Court Bans Workers Comp Limits on Attorney’s Fees

| April 28, 2016

The ruling stemmed from a case in which an attorney was awarded the equivalent of $1.53 an hour in successfully pursuing a claim for benefits for a worker injured in Miami.

Florida Justices: Cops May Not Keep Lawyer From Client Even in Voluntary Interviews

| April 22, 2016

While a murder suspect was being voluntarily interrogated before he confessed, his lawyer appeared at the sheriff’s office but cops wouldn’t let the lawyer see his client.

Has Business Biased Florida’s Workers Comp Law Too Far Against Labor? Court Will Decide

| April 4, 2016

Plaintiffs argue that lawmakers have taken too many rights and benefits from people who get injured on the job, while business groups say a 2003 law kept costs from “spiraling.”

Court Backs New Death Penalty Law But Asks Florida Supremes to Rule on Constitutionality

| March 18, 2016

The 5th District Court of Appeal today sided with the state in two death penalty cases, saying that blocking the executions “impermissibly invades” the discretion of the state to seek the sentence.

Supreme Court Halts Double Murderer James Asay’s Execution, 2nd Stay in 4 Weeks

| March 2, 2016

Hours after hearing arguments in the case, the Florida Supreme Court on Wednesday indefinitely postponed the execution of Mark James Asay, a convicted double murderer scheduled to die on March 17.

Chief Justice Jorge Labarga Will Serve Second Successive Term, a First Since 1865

| February 5, 2016

Chief justices preside over the Supreme Court and, more broadly, head the state’s judicial branch. In the broader role, Labarga has focused on taking steps to try to expand access to legal services for low-income people, creating a commission to work on the issue.

Florida Supreme Court Halts Executions Indefinitely; 389 Death Row Inmates In Limbo

| February 2, 2016

The U.S. Supreme Court invalidated Florida’s death-penalty sentencing scheme on Jan. 12, forcing the state to rewrite its law but also putting in question whether the new law must apply to all 489 death row inmates.

Term Limits for Supreme Court and Appellate Judges? Measure Moving Closer to Ballot

| January 24, 2016

Under the proposal, members of the Supreme Court and district courts of appeal would be limited to two full six-year terms. Judges currently have to retire in the election cycle after they turn 70 years old.

Angry With Liberal Court, Florida Lawmakers Propose Judicial Term Limits

| November 3, 2015

The proposal comes after years of rising anger in the Legislature at members of the Supreme Court. With its more-liberal majority, the state’s highest court has emerged as the only major hurdle in Tallahassee to Republicans’ conservative agenda.

Quadruple Murderer Jerry Correll Will be Executed as Florida Supreme Court Lifts Stay

| October 2, 2015

The unanimous decision issued today clears the execution by lethal injection. Correll murdered his wife, 5-year-old daughter, mother in law and her sister in Orlando in 1985.

Bad Judges: Florida Supreme Court Seeks to Rein in Rogues and Hotheads

| June 26, 2015

The number of judges facing sanctions in Florida jumped last year, and the high court is more often seeking harsher penalties than those originally proposed by the state Judicial Qualifications Commission.

Supreme Court Turns Down Red-Light Camera Appeal, Leaving In Place Restrictions On Who May Issue Tickets

| April 15, 2015

The Florida Supreme Court on Monday declined to hear an appeal on a red-light camera case with a direct bearing on Palm Coast’s traffic-enforcement program. Five justices concurred in turning down the appeal, without explanation, as is customary when the court turns down a case.

Yes, It’s Retroactive: Florida Supreme Court Rules All Lifers Sentenced as Juveniles Must Be Resentenced

| March 19, 2015

The justices ordered lower Florida courts to apply a 2014 law to inmates who, as juveniles, were sentenced in the past either to life in prison or to terms that would have effectively kept them behind bars until they die. Two of the inmates were convicted of murder.

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