“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.
Florida Supreme Court
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.
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 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.
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.
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.
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.
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.
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.
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.