It took Circuit Judge Raul Zambrano three minutes to put an end to the 15-year murder and death penalty case of Cornelius Baker, who, with Patricia Roosa, on Jan. 7, 2007, murdered Elizabeth Uptagrafft after beating her and her family and kidnapping her from her home in Daytona Beach.
Eighth Amendment
Senate Moves to Cloak in Secrecy Businesses and Drugs Connected with Florida’s Executions
The Florida Senate on Monday passed a measure that would more broadly cloak information about people and businesses involved with state executions and the drugs used for lethal injection, positioning the proposal for action by Gov. Ron DeSantis.
Former Florida Chief Justice Kogan: Why Florida Should Abolish the Death Penalty
In a compelling new interview conducted by attorney and filmmaker Ted Corless, the late Florida Supreme Court Chief Justice Gerald Kogan lists the numerous reasons why he believed Florida’s death penalty should be abolished.
Federal Investigation Finds Staff Brutality and Sexual Abuse of Inmates at Florida Prison. State Demurs.
The federal investigation found “varied and disturbing reports” of sexual abuse, including rape, of female inmates by staff members at the state’s largest women’s correctional facility. State officials had documented and been aware of sexual abuse by sergeants, correctional officers and other staff at Lowell Correctional Institution in Ocala since at least 2006.
Supreme Court Rejects Death Row’s James Dailey’s Appeal in Murder of 14-Year-Old Girl
A three-judge panel of the 11th U.S. Circuit Court of Appeals disputed inmate James Dailey’s contention that newly discovered evidence would clear him in the murder of Shelly Boggio.
Florida Supreme Court Will No Longer Review Death Sentences, Ending 50-Year Fail-Safe Step
The majority ruling was one of a series of opinions this year in which the Supreme Court, newly packed with right-wing judges, has reversed course on death-penalty and criminal legal precedents, opening the way to swifter and death sentences with fewer obstacles.
In Stunning Reversal, Florida Supreme Court Rules Juvenile Prison Sentences May Exceed 20 Years
The 4-1 decision stunned public defenders, who expressed concern not only about its implications for juvenile sentencing but also about a reshaped court emboldened to revisit issues the legal community had considered settled.
Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize
The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.
Attorneys Urge Florida Supreme Court to Rethink Decision Making Unanimous Verdicts Unnecessary
Pointing to “evolving standards of decency,” attorneys for a Death Row inmate have asked the Florida Supreme Court to reconsider a major ruling that said unanimous jury recommendations are not necessary before death sentences can be imposed.
This Time Death Row Inmate Cornelius Baker Shows Up, Only To Learn His Chance for Re-Sentencing May Vanish
Death row inmate Cornelius Baker’s fate is undetermined as the judge, the defense and the prosecution are all awaiting direction from other courts as to whether to re-try Baker in a sentencing phase or stick to his original death sentence.
Prosecution Asks for Temporary Halt in Cornelius Baker Death Penalty Re-Sentencing
The prosecution is arguing that a Supreme Court decision last week may make the re-sentencing of convicted murderer Cornelius Baker, scheduled to start in four weeks in Bunnell, if unnecessary.
Supreme Court Reverses Unanimous-Jury Requirement in Death Penalty, Raising Questions About a Flagler Case
The Florida Supreme Court said unanimous jury recommendations are not necessary before death sentences can be imposed, backing away from a 2016 decision. The ruling puts in question the case of Bunnell’s Cornelius Baker, scheduled for a re-sentencing in February.
Wrongfully Convicted, He Was on Florida’s Death Row for 42 Years. He’s Seeking $2.5 Million the State Owes Him.
Clifford Williams, now 77, gives God the credit for his release from prison, after state prosecutors found he and his nephew, Hubert Nathan Myers, were wrongly convicted in the 1976 Jacksonville murder of a woman and the attempted murder of her girlfriend.
For Seven Days, Flagler Sees Florida’s Broken Death Penalty Machinery in Action
Though David Snelgrove was finally sentenced to life in prison rather than death this week, his trial shows how the 20-year ordeal in court could have been avoided with the same result two decades ago, had capital punishment not been on the table.
Death Row’s Cornelius Baker a No-Show at His Own Pre-Trial Ahead of Potential Reprieve
Lawyers and the judge in the re-sentencing case of convicted murderer Cornelius Baker focused on a lengthy questionnaire about the death penalty the defense planned to submit to potential jurors. The judge ordered the questionnaire significantly shortened.
Life in Prison Without Parole, Not Death, For David Snelgrove as 20-Year Ordeal Over Fowler Murders Ends
The seven-day re-trial over the penalty for the 2000 murders in Palm Coast’s B-Section was necessary because two previous verdicts were ruled unconstitutional. Today’s verdict means that years, maybe decades, of further proceedings will not be necessary.
After Dueling Witnesses and Sniping Lawyers, Jury Must Now Decide Whether to Call for David Snelgrove’s Killing
David Snelgrove’s double-murder of Glyn and Vivian Fowler in Palm Coast 20 years ago comes down, in this third sentencing trial in two decades, to a jury willing to believe he was a calculated killer as opposed to a crack-addicted mentally impaired man who snapped.
Grim Day for Snelgrove’s Defense as Prosecution Makes Largely Unanswered Case for Death
A jury tasked with deciding whether to recommend death for David Snelgrove saw a psychologist for the defense unable to convincingly show that Snelgrove is a simple-minded individual who could not weigh the severity of the double-murder of an elderly couple he committed in Palm Coast 20 years ago.
Video and Pictures Revive Vivid Reactions to Double-Murder in Snelgrove’s Death-Penalty Trial
To reservations from the defense, the jury watched video and saw pictures of the crime scene following the murders of Glyn and Vivian Fowler in Palm Coast 20 years ago, part of a penalty phase–the third in 18 years–requiring the jury to decide whether to recommend death for Snelgrove or life in prison.
For Jury in Double-Murderer Case, Snelgrove’s Mental Disability Is a Gray Matter of Life and Death
David Snelgrove’s double-murder of an elderly couple in palm Coast 20 years ago is not in dispute, but whether he should be put to death for it is. A jury will have to contend with the brutality of the murders as opposed to the mitigating factor of his mental disability.
Solitary Confinement in Florida’s Prisons and Juvenile Detention Challenged in Court
In separate but parallel lawsuits, civil-rights and legal groups are challenging Florida’s use of solitary confinement in prisons and juvenile detention centers —- but are facing pushback from state agencies.
Death Penalty: Now It’s Florida’s Conservative Supreme Court’s Turn To Be Accused of ‘Judicial Activism’
Reversing the state’s retroactive consideration of certain death-penalty cases would amount to “the most egregious judicial activism in the history of Florida,” a lawyer for a Death Row inmate argued in a brief filed this week.
DeSantis Signs Death Warrant of Homophobic Serial Killer Gary Bowles
Gary Bowles murdered six people in 1994. He is serving life sentences in the murders of John Roberts in Daytona Beach and Albert Morris in Nassau County, and is being killed for the murder of Walter Hinton in Jacksonville.
Attorney General Moody To Supreme Court on Death Row Inmates: Let ‘Em Die
Attorney General Ashley Moody’s office is urging the Florida Supreme Court to reverse course on decisions that allowed dozens of convicted murderers to have their death sentences reconsidered.
With Conservatives In Control of Supreme Court, A 2016 Decision Reducing Death Sentences Is In Jeopardy
The court has begun the process of reconsidering whether changes to Florida’s death penalty-sentencing system should continue being applied retroactively to cases dating to 2002.
Federal Lawsuit Targets Florida Prisons Over ‘Deliberately Indifferent’ Use of Solitary Confinement
Florida’s prison system is “widely overusing” the practice of solitary confinement to manage inmates, sometimes locking them up in cells that are no bigger than a parking spaces over often-minor infractions, according to a federal lawsuit.
Past Prison Sentences Could Be Reduced as Criminal Justice Reform Advances at Legislature
A bill that would give the Legislature power to decide on a law-by-law basis whether to reduce past prison sentences cleared a Senate panel Monday following tearful testimony from criminal-justice reform advocates.
After Granting Stay, Supreme Court Clears Way for Execution of Murderer Jose Antonio Jimenez
Jimenez had cited a February execution of Death Row inmate Eric Branch, who reportedly screamed and made body movements as he was being executed, among reasons not to proceed.
Saint Kavanaugh
Whether Kavanaugh was confirmed or not is irrelevant: whoever’s next might be less personally sleazy, more temperamentally amoebic, but judicially? Same shill, different name.
Cruel and Usual Trump
The Trump-Sessions zero-tolerance policy of separating children from their parents at the border has no precedent except in America’s slavery times.
Federal Judge Declares Florida’s Arbitrary and Governor-Controlled Method of Restoring Felons’ Voting Rights Unconstitutional
In a stinging blow to Gov. Rick Scott, a federal judge ruled that the governor’s near-exclusive authority to restore, and more often deny, voting rights to ex-felon is unconstitutional.
In Last-Minute Reversal, Judge Agrees To More Lenient Plea in Maria Howell Case
After rejecting the deal last month, Circuit Judge Dennis Craig agreed to 18 months in prison for Maria Howell, who’d faced trial and possibly 15 years in prison over a molestation charge.
Appeals Court Rejects Patrick Hannon Stay, Will Be 26th Executed On Gov. Scott’s Watch
A federal appeals court rejected Hannon’s claim that a new state death-penalty requirements relating to the unanimity of juries should be applied to his case. He murdered two men in 1991.
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.
Mark James Asay Is Executed for 1987 Jacksonville Murders, 24th on Scott’s Watch
Asay is the first Florida inmate to be put to death in more than 19 months and the first execution under a lethal injection procedure never used before in Florida or any other state.
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.
Clash Continues Ahead of Aug. 24 Execution Over Lethal Injection Drug Never Before Used
Asay’s execution would be the first carried out in Florida since a January 2016 U.S. Supreme Court decision that found Florida’s death penalty sentencing system was unconstitutional.
Florida’s “Execution Machine” Back On As Gov. Scott Schedules First State Killing In 18 Months
Gov. Rick Scott rescheduled the execution date of convicted killer Mark James Asay for Aug. 27. The killing was put on hold after the U.S. and Florida supreme courts declared the state’s execution methods unconstitutional.
High Court Denies Challenge to Florida’s New Unanimous Jury Requirement in Death Cases
The U.S. Supreme Court’s decision cements a state law enacted this year that requires unanimous jury recommendations for the death penalty to be considered in capital cases.
Supreme Court Orders New Sentencing of Palm Coast Double-Murderer on Death Row
David Snelgrove has twice been sentenced to death for the murders of Glyn Fowler, 84, and his wife, Vivian, 79, on Bannbury Lane in Palm Coast in late June 2000, but never unanimously.
For Florida’s Troubled Death Penalty, Prosecutor’s Refusal to Enforce It Is Latest Challenge
Recent studies have provided additional evidence to bolster criticism of the death penalty in Florida, which leads the nation in Death Row exonerations.
Ousted In Cop Case, Prosecutor Who Won’t Seek Death Penalty Challenges Scott
State Attorney Aramis Ayala is accusing Gov. Scott of abusing his authority by ousting her as prosecutor in the case of alleged cop-killer Markeith Loyd.
In Stunning Move, State Attorney Ayala Won’t Pursue Death Sentences in Orange and Osceola
Ayala’s decision infuriated Gov. Scott, Attorney General Bondi and police organizations, but drew praise from others who see the position more in line with a growing national trend by courts, some governors and legislatures.
Florida’s Lethal Injections Ready to Stab Again As Gov. Scott Signs Death Penalty Bill
Florida is again poised to begin executions and prosecute death penalty cases after Gov. Rick Scott signed a law Monday aimed at fixing flaws in the state’s capital sentencing procedure.
Florida Senate Backs Unanimous Juries in Death Sentences
Thursday’s Senate vote — on the third day of the 2017 legislative session — would ostensibly fix the weaknesses identified by the majority of the Florida Supreme Court with the current law.
Proposal to Require Unanimity from Florida Juries in Death Penalty Cases Advances
But efforts to broaden the legislation to address other issues involved in a series of court rulings that prompted this year’s measure appear, at least for now, to be doomed.
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.
Seizing on Orlando Murder Case, Justice Breyer Asks Court to “Reconsider Constitutionality of Death Penalty”
Justice Stephen Breyer characterized the death penalty as cruel and unusual in light of the case of Henry Sireci, 68, who’s been on Florida’s Death Row for 40 years and has yet again been cleared for execution.
Revealed: Florida Stockpiling Lethal Injection Protocol Never Used Before, Inviting Litigation
The new triple-drug cocktail would be the only one of its kind among the states that rely on similar procedures to kill prisoners, including a drug never used to that end before.
Florida’s Death Penalty Law in Disarray, Supreme Court Throws Out Yet More Sentences
Signaling how it is likely to handle scores of Death Row cases, a majority of the Florida Supreme Court threw out death sentences and ordered a new penalty proceeding for a convicted triple-murderer.