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Eighth Amendment

Prosecution Asks for Temporary Halt in Cornelius Baker Death Penalty Re-Sentencing

January 30, 2020 | FlaglerLive | 1 Comment

Assistant State Attorney Jason Lewis, left, Assistant State Attorney Tammy Jaques and Assistant Regional Counsel Junior Barrett are asking Circuit Judge Margaret Hudson to delay the case of Cornelius Baker. (© FlaglerLive)

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

January 24, 2020 | FlaglerLive | 2 Comments

Death Row Cell #5 at Florida's state prison in Starke. (DOC)

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.

January 23, 2020 | FlaglerLive | 4 Comments

Clifford Williams spent 43 years on Death Row for a murder he did not commit. He is owed $50,000 for every year he was wrongly imprisoned. (NSF)

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

January 16, 2020 | Pierre Tristam | 20 Comments

death penalty broken trial tristam

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

January 15, 2020 | FlaglerLive | 1 Comment

Cornelius Baker was a no-show at today's pre-trial, taking advantage of the judicial equivalent of an excused absence--excused by the judge, though his own attorney was not aware that Baker had waived his presence, and the pre-trial had to be re-set for Feb. 4. Circuit Judge Margaret Hudson is presiding over the case. It is prosecuted by Assistant State Attorney Jason Lewis and Assistant State Attorney Tammy Jaques, right, and defensed by Junior Barrett (standing with the lawyers, closest to the camera). (© FlaglerLive)

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

January 14, 2020 | FlaglerLive | 2 Comments

David Snelgrove this morning, before the verdict, with his attorney, Michael Nielsen. In the foreground to the right, the murder victim's daughter eyed Snelgrove, having attended all seven days of trial, just as she had all previous such trials over the years. (© FlaglerLive)

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

January 13, 2020 | FlaglerLive | Leave a Comment

David Snelgrove's brain is at the center of the defense's strategy to ward off a death sentence for him. Snelgrove is to the right. His attorney, Michael Nielsen, is standing. (© FlaglerLive)

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

January 9, 2020 | FlaglerLive | 1 Comment

Flanked by his two lawyers--Michael Nielsen and Jeff Stone--David Snelgrove could not bring himself to look at a portrait of the couple he murdered in their home in Palm Coast 20 years ago as it was flashed on courtroom screens this morning: Glyn and Vivian Fowler. (© FlaglerLive)

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

January 8, 2020 | FlaglerLive | 1 Comment

The prosecution prepares exhibits ahead of today's trial of David Snelgrove, in this case pictures of the outside of the house on Banbury Lane in Palm Coast where the double-murder Snelgrove committed in 2000 took place. (© FlaglerLive)

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

January 7, 2020 | FlaglerLive | 1 Comment

Opening arguments in David Snelgrove's third penalty-phase trial in 18 years begin Wednesday morning at the Flagler County courthouse. (© FlaglerLive)

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

November 10, 2019 | FlaglerLive | 6 Comments

In a bad light. (jmiller291)

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’

June 26, 2019 | FlaglerLive | 5 Comments

Florida's actual death row. (Florida State Prison)

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

June 12, 2019 | FlaglerLive | 8 Comments

gary bowles homophobic serial killer

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

June 9, 2019 | FlaglerLive | 15 Comments

Ashley Moody. (Facebook)

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

May 20, 2019 | FlaglerLive | 5 Comments

It may not be as quiet an execution table. (Florida DOC)

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

May 8, 2019 | FlaglerLive | 9 Comments

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

April 1, 2019 | FlaglerLive | 5 Comments

prison reform

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

October 4, 2018 | FlaglerLive | 5 Comments

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

October 4, 2018 | Pierre Tristam | 66 Comments

brett kavanaugh saint

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

June 17, 2018 | FlaglerLive | 81 Comments

President Trump and Melania Trump signing a 'Be Best' initiative the day after Sen. Senator Jeff Merkley was barred from examining a children's detention center in Brownsville, Texas. (White House)

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

February 1, 2018 | FlaglerLive | 21 Comments

It shouldn't be a life sentence, unless it is: a federal judge's decision seeks to level the balance against felons' rights. (Josh Rushing)

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

January 22, 2018 | FlaglerLive | 15 Comments

Public Defender Bill Bookhammer and his client, Maria Howell, conferred over a plea agreement last October that Circuit Judge Dennis Craig rejected. He agreed to a plea that will see Howell serving 18 months in prison, not counting credit for time already served. (© FlaglerLive)

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

November 8, 2017 | FlaglerLive | 10 Comments

Patrick Hannon is to be executed at 6 p.m. Wednesday at a Florida state prison near Starke.

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

August 29, 2017 | FlaglerLive | 2 Comments

Some of the 20-odd boxes in David Snelgrove's murder case, brought in when he was last in court in 2015. He is seen in the striped green and white overalls in the distance. He was not in court today, but is scheduled to be in court in October for the next phase of his case, which has meandered through court since 2000. (© FlaglerLive)

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

August 24, 2017 | FlaglerLive | 7 Comments

Florida executed Mark James Asay this evening, the 24th death row inmate executed on Gov. Rick 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

August 11, 2017 | FlaglerLive | 6 Comments

James Hitchcock.

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

August 9, 2017 | FlaglerLive | 6 Comments

Florida has scheduled the execution of James Asay for Aug. 24.

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

July 5, 2017 | FlaglerLive | 16 Comments

Florida's grimmest show is set to resume. (Florida Department of Corrections)

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

May 24, 2017 | FlaglerLive | 1 Comment

They must be unanimous. (c FlaglerLive)

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

May 12, 2017 | FlaglerLive | 6 Comments

David Snelgrove in his last court appearance in Flagler, in May 2015. (© FlaglerLive)

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

March 27, 2017 | FlaglerLive | 2 Comments

florida capital punishment

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

March 21, 2017 | FlaglerLive | 16 Comments

State Attorney Aramis Ayala with attorney Benkamin Crump in an image she posted to her Facebook election account last June. The caption Ayala wrote read: 'I was proud to interview Benjamin Crump, Esq., and to receive his endorsement tonight. Mr. Crump has represented the families of Michael Brown and Trayvon Martin, and he knows how important state attorneys are to maintaining an equitable justice system.'

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

March 16, 2017 | FlaglerLive | 28 Comments

Aramis Ayala at a campaign rally in October. (© FlaglerLive)

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

March 13, 2017 | FlaglerLive | 1 Comment

Grim wheels: The van that takes the corpses of inmates who have just been executed at Starke state prison, above, may soon be rolling again. (© FlaglerLive)

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

March 9, 2017 | FlaglerLive | Leave a Comment

juries

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

February 6, 2017 | FlaglerLive | Leave a Comment

juries unanimous verdict death penalty

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

December 23, 2016 | FlaglerLive | 3 Comments

Justice James E.C. Perry has been on the Florida Supreme Court for 16 years.

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”

December 13, 2016 | FlaglerLive | Leave a Comment

justice stephen breyer death penalty unconstitutional

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

December 6, 2016 | FlaglerLive | 2 Comments

florida death penalty

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

December 2, 2016 | FlaglerLive | 4 Comments

florida executions witness spectator room

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.

In Saint Augustine, A Dead Priest Pleads for the Life of His Killer

November 30, 2016 | FlaglerLive | Leave a Comment

The Rev. Rene Robert.

Father Rene Robert, who was murdered, signed the Declaration of Life in 1995: it is wrong for the state to take the life of a convicted criminal, no matter how vile the crime, and no matter how innocent the victim.

Florida’s Death Penalty On Hold: Supreme Court Halts Trial Pending Legislative Change

October 28, 2016 | FlaglerLive | 1 Comment

The van used to carry bodies out of Starke prison after they've been executed, above, gets a rest. (© FlaglerLive)

The Florida Supreme Court on Friday stopped a Clearwater judge from proceeding with a death penalty case, signaling that courts might not be able to move forward with capital trials until the Legislature changes a law that justices earlier this month struck down as unconstitutional.

Florida Justices Overturn 42-Year-Old Death Sentence in “Black Revolutionary Army” Killing

October 20, 2016 | FlaglerLive | 4 Comments

Jacob Dougan was sentenced to death on Dec. 4, 1987.

Jacob John Dougan, Jr., now 69, was convicted in the 1974 murder of Stephen Orlando, an 18-year-old white man, whose body was found in Jacksonville Beach accompanied by a note signed by the “Black Revolutionary Army.”

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

October 14, 2016 | FlaglerLive | 1 Comment

No Flagler County jury has sat for a capital trial in recent memory. If and when it does next, its verdict must be unanimous for the death penalty to carry. (© FlaglerLive)

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.

After Reaching Record Pace, Executions in Florida Are on Hold as Ruling Muddies Syringes

September 30, 2016 | FlaglerLive | 1 Comment

florida death penalty

Executions are on hold, judges across the state are postponing death penalty cases, and defense lawyers are seeking additional reviews in the aftermath of a U.S. Supreme Court decision in January that struck down Florida’s death-penalty sentencing process.

Palm Coast Offender Branded a Sexual Predator 5 Years After Prison, With No New Sex Crime

July 1, 2016 | FlaglerLive | 18 Comments

dorian buzz coppedge

The sheriff’s office announced Thursday that Dorian Buzz Coppedge, 37, a “sexual predator,” is now living in Flagler, yet he’s lived here five years. Only his designation changed, even though he committed no new sex crime.

South Florida Judge Declares State’s New Death Penalty Law Unconstitutional

May 9, 2016 | FlaglerLive | 2 Comments

florida executions

While the decision is not necessarily controlling in Flagler County and the rest of Florida, it again muddies the fate of a law barely eight weeks old, and further sheds a harsh light on Florida’s outlier system of executions.

Florida’s Death Penalty Alive and Willed as Guzman Is Sentenced to Die For 3rd Time in Daytona

May 3, 2016 | FlaglerLive | 3 Comments

james guzman david colvin murder death penalty

A jury in Daytona Beach today voted 11-1 to recommend death for James “Chico” Guzman in the hacking to death of David Colvin, 48, at a motel on Ridgewood Avenue on Aug. 10, 1991.

In Florida, Court Rules, a 55-Year Prison Sentence For a Juvenile Is Not a Life Term

April 25, 2016 | FlaglerLive | 1 Comment

juvenile sentences florida

Anthony Julian Collins was two months shy of 17 when he was committed an attempted second-degree murder, carjacking with a firearm and attempted armed robbery.

Poll-Tax Redux: Millions Free From Jail Are Barred From Voting By Criminal Debt

April 19, 2016 | FlaglerLive | 4 Comments

prison debt

Debt from fines starts at sentencing and can grow at interest rates of 12 percent or more while inmates serve their sentences. It continues to grow after they’re released and face the numerous barriers to finding work and housing.

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