Justices ordered a new sentencing hearing for inmate Eric Kurt Patrick because the jury split 7-5 in recommending the death penalty to a judge, and because a juror was prejudiced against Patrick.
Florida Supreme Court
Court Orders Re-Hearing in Death Penalty
Is Your Car a Weapon? Supreme Court Leaning to Yes in Manslaughter Case
Under Florida law, the use of a weapon bumped up the manslaughter charge from a second-degree felony to a first-degree felony, carrying a longer prison sentence.
Flagler Judge DuPont’s Fate in Supreme Court’s Hands As He Pleads For ‘Second Chance’
Flagler and Putnam Circuit Judge Scott DuPont, facing removal, filed his last pleading before the Florida Supreme Court decides his fate in the next few weeks.
Supreme Court Hears Latest Red Light Camera Case, But Justices Skeptical of Illegality
Several justices appeared skeptical as that the way a Florida city handles citations issued to motorists caught on camera is unlawful.
Death Sentence Commuted to Life For William Gregory, Double-Murderer of Flagler Beach
William Gregory was on Death Row for the 2007 murders of his ex-girlfriend Skyler Dawn Meekings, 17, and her boyfriend of two months, Daniel Arthur Dyer, 22, at a house on John Anderson Highway.
Scott Wants Justice Pariente Disqualified From Decision on Governor’s Authority to Pick Her Successor
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Will U.S. Supreme Court Rule Florida’s Cavalier Death Penalty Unconstitutional?
In 27 of the 31 death penalty states, the jury’s decision to impose life imprisonment is final and may not be disturbed by the trial judge under any circumstances. But not in Florida.
Inmate Asks Florida Justices to Block Execution Pending Supremes’ Ruling on Lethal Injection
Attorneys for condemned killer Jerry William Correll filed an emergency petition as the U.S. Supreme Court considers the constitutionality of a sedative that is the first drug administered during a three-step process in executions.
Should Brandishing a Gun at Someone Who Cuts You Off in Traffic Be Considered Self-Defense?
The Florida Supreme Court is considering a “stand your ground” case in which a man was charged with aggravated assault after brandishing a gun at a trucker during a confrontation on a state highway.
Cruel and Unusual: 2 Inmates Who Murdered as Juveniles Challenge Their Life Sentences
Two inmates serving life in prison for murders committed as juveniles are challenging their sentences based on a 2012 US Supreme Court ruling that bans mandatory life sentences for juveniles.
Supreme Court Removes Leon County Judge For Running Religious Business Out of Her Chambers
Leon County Judge Judith Hawkins was running a business called Gaza Road Ministries, used a judicial assistant and sold her own books to attorneys who appeared before her.
Florida Supreme Court Seeks Clarity on Inmates Sentenced to Life in Prison as Juveniles
The U.S. Supreme Court held that juvenile sentencing guidelines must offer young offenders the chance to have their cases reviewed after serving a certain number of years. A Florida law went into effect July 1, seeking to comply. But it remains unclear in key regards.
Can Felons, Barred From Carrying Weapons, Still Claim Stand Your Ground? Court Will Decide.
The Florida Supreme Court will consider whether convicted felons have the right to claim immunity under the state’s controversial “stand your ground” self-defense law, even if they are barred from possessing guns in the first place.
Florida Justice Barbara Pariente’s Crusade: Jurors Need Help Understanding that Eyewitness Testimony Is Unreliable
Justice Pariente noted that the Innocence Commission analyzed wrongful convictions and highlighted eyewitness misidentification, which has been a factor in 75 percent of convictions later exonerated through DNA evidence nationally.
In a Stinging Defeat for Palm Coast Government, Supreme Court Rules Pre-2010 Red-Light Cameras Illegal
Palm Coast is on the hook for $1.19 million in fines it illegally imposed on drivers between 2007 and 2010, when it ran 10 red-light cameras outside state law. The Florida Supreme Court ruled 5-2 today that such schemes were not permissible. Palm Coast was sued but refused to settle, as did American Traffic Solutions, its contractor. So the city may now have to pay up.
Senate Approves Proposed Constitutional Amendment Giving Scott Court-Packing Power
The proposal, passed by the Senate in a 26-14 vote, would give the next governor the ability to pack the courts and is intended to give incumbent Gov. Rick Scott, who is seeking re-election, the ability to reshape the Florida Supreme Court.
Florida Supreme Court Orders Review of Lethal Injection Cocktail Ahead of Feb. 26 Execution
Before the scheduled execution of inmate Paul Augustus Howell on Feb. 26, Justices have ordered a circuit court to hold an evidentiary hearing on whether substitution of the drug midazolam violates the constitutional protections against cruel and unusual punishment by the government.
With 132 Death Row Inmates Readied for Execution, Lawyers Contest Fast-Track Law Before Florida Justices
More than 150 lawyers and Death Row inmates are challenging the so-called Timely Justice Act, signed by Gov. Rick Scott in June, intended to speed up executions. Lawyers argue it violates the constitutionally protected separation of powers as well as inmates’ rights to due process.
Supreme Court Clears Medical Marijuana Pot Proposal; Floridians Vote On It November 4
In a significant victory for advocates of the initiative, a divided Florida Supreme Court on Monday ruled 4-3 that the wording of the proposed constitutional amendment to legalize medical marijuana passes legal muster and can now appear on the November election ballot, giving Floridians a direct say. Polls have shown a 3-to-1 majority of Floridians favoring legalization.
Double-Murder Charge Dropped as Stand Your Ground May Head for Supreme Court Review
The 3rd District Court of Appeals ruling Thursday overturned a lower court’s second-degree murder conviction of Gabriel Mobley outside a Chili’s restaurant in Opa-Locka, and could once again put Florida’s first-in-the nation “stand your ground” law and its meaning before the Florida Supreme Court.
Medical Marijuana Tangles Up Florida Supreme Court Justices In Weeds of Words
The idea of medical marijuana technically isn’t at issue in the case. Instead, Attorney General Pam Bondi, legislative leaders and medical, law enforcement and business groups argue that the ballot title and summary that would appear on the ballot could deceive voters about the scope of the amendment.