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Eighth Amendment

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.

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

March 2, 2016 | FlaglerLive | 2 Comments

mark james asay execution

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.

Too Many Questions Beg The Answer: End the Death Penalty in Florida

February 24, 2016 | FlaglerLive | 3 Comments

florida death penalty

Rick Scott shouldn’t plan on signing any more death warrants soon, if ever, argues Martin Dyckman, even as the Florida House “cured” what the U.S. Supreme Court specifically found wrong with Florida’s death penalty.

Florida Still Outlier as Death-Penalty Fix Falls Short of Requiring Unanimous Jury Verdicts

February 19, 2016 | FlaglerLive | Leave a Comment

florida death penalty

The measure would require at least 10 jurors to recommend the death penalty for the sentence to be imposed and would empower juries to decide whether defendants should die or be imprisoned for life without the chance for parole.

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

February 2, 2016 | FlaglerLive | 7 Comments

van death row inmates

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.

Florida Lawmakers Urged to Require Unanimous Verdicts in Death Penalty Cases

January 28, 2016 | FlaglerLive | 4 Comments

florida majority death penalty

Florida is the only state in the nation where a simple jury majority is enough for a death penalty recommendation, one of several problems at odds with a new U.S. Supreme Court ruling on Florida’s capital punishment system.

Lawyers for Condemned Florida Man Call for Halt To Execution in Light of “Tectonic Shift”

January 22, 2016 | FlaglerLive | Leave a Comment

starke state prison executions

Lawyers for Cary Michael Lambrix, who has been on Death Row for more than three decades, have asked the Florida Supreme Court to halt his execution in light of a U.S. Supreme Court decision declaring Florida’s court process unconstitutional in such cases.

U.S. Supreme Court Declares Florida’s Death Penalty Scheme Unconstitutional

January 12, 2016 | FlaglerLive | 7 Comments

florida death penalty unconstitutional capital punishment

The United States Supreme Court, in an emphatic ruling Tuesday, declared Florida’s death penalty sentencing scheme to be a violation of the Sixth Amendment.

Oscar Ray Bolin Jr., To Be Killed Tonight, Is 23rd Execution on Gov. Scott’s Watch

January 7, 2016 | FlaglerLive | 7 Comments

oscar bolin jr execution

Bolin was convicted and sentenced to death for the murder of Teri Lynn Matthews, whose body was discovered on Dec. 5, 1986, near the side of a road in rural Pasco County.

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

October 2, 2015 | FlaglerLive | 10 Comments

Jerry Correll execution florida supreme court

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.

Florida Supreme Court Refuses to Lift Stay on Execution of Jerry Correll, Who Contested Lethal Injection

July 23, 2015 | FlaglerLive | 6 Comments

Jerry Correll execution florida supreme court

The Florida Supreme Court’s 5-2 decision turned down AG Pam Bondi’s request to let Gov. Scott set an executuon date, and ordered a hearing on Correll’s assertion that the drug poses a heightened risk to him because of his alleged brain damage and history of drug use.

Supreme Court’s Lethal Injection Ruling Clears Way For More Florida Executions, and Challenges

June 29, 2015 | FlaglerLive | 4 Comments

lethal injection samuel alito antonin scalia

In the 5-4 majority opinion issued Monday, Justice Alito wrote that the first of the three-drug lethal cocktail used also used in Florida, “entails a substantial risk of severe pain.”

Fifteen Years For Sex on the Beach? Seriously?

May 10, 2015 | FlaglerLive | 17 Comments

manet le dejeuner sur l'herbe sex on the beach florida

Federal prisons are full of white collar criminals who won’t serve a day over five years, criminals who destroyed companies and bilked citizens out of their life savings. Yet Elissa Alvarez and Jose Caballero face 15 years for “lewd and lascivious” sex on the beach, a ridiculous excess, argues Nancy Smith.

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

March 19, 2015 | FlaglerLive | 7 Comments

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?

March 15, 2015 | FlaglerLive | 3 Comments

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.

Bi-Partisan Lawmakers Looking to Expunge Criminal Records of Non-Violent Juveniles

February 27, 2015 | FlaglerLive | 1 Comment

An Orlando Senator is sponsoring a bill that would allow the expunging of records for minors who commit nonviolent misdemeanors and go on to complete diversion programs.

Florida Justices Halt Execution Until U.S. Supreme Court Rules on Lethal Injection

February 17, 2015 | FlaglerLive | 5 Comments

Saying it must “err on the side of extreme caution” or risk threatening the “viability of Florida’s entire death penalty scheme,” the Florida Supreme Court on Tuesday halted the Feb. 26 execution of a convicted killer until the U.S. Supreme Court rules on a lethal injection drug.

Don’t Expect Supreme Court’s Latest Review of Lethal Injection to Kill Death Penalty

February 5, 2015 | FlaglerLive | 1 Comment

States changed from hanging to electric chair because it was a modern, supposedly painless method of execution. Botched executions have rendered that assumption problematic.

Inmate Asks Florida Justices to Block Execution Pending Supremes’ Ruling on Lethal Injection

January 30, 2015 | FlaglerLive | 9 Comments

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.

Scott Signs 21st Death Warrant 3 Days After UN Vote Calling for Capital Punishment Moratorium

November 25, 2014 | FlaglerLive | 6 Comments

The warrant is for the execution of Johnny Shane Kormondy, 42, accused of murdering Gary McAdams and participating in the gang rape of his wife Cecilia during a robbery in Pensacola in 1991, when Kormondy was 21.

Said to Have Been Framed For Tampa Murder, Deaf Convict Felix Garcia Is Denied Release

November 20, 2014 | FlaglerLive | Leave a Comment

Felix Garcia’s supporters had hoped he would be released with time served, arguing that he’d been unable to understand the evidence against him during the murder trial and wasn’t given an interpreter.

Cruel and Unusual: 2 Inmates Who Murdered as Juveniles Challenge Their Life Sentences

November 8, 2014 | FlaglerLive | 1 Comment

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.

Gov. Rick Scott Signs 20th Death Warrant for Execution of Chadwick Banks on Nov. 13

September 24, 2014 | FlaglerLive | 6 Comments

Chadwick Banks murdered his wife, Cassandra Banks, then raped and murdered his 10-year-old stepdaughter, Melody Cooper, on Set. 24, 1992 in Gadsden County. Banks shot both victims in the head.

Department of Corrections Fires 32 More, Including 3 Guards Involved In Gassing Death of Inmate

September 20, 2014 | FlaglerLive | 15 Comments

All of the workers fired were on administrative leave pending a review launched earlier this summer. The housecleaning is part of the secretary’s attempt to salvage the reputation of the beleaguered agency in the wake of reports of widespread abuse and corruption, whistleblower complaints and federal investigations surrounding prisoner deaths.

Gruesome Buddies: ISIS Beheadings
And the American Death Penalty

September 19, 2014 | FlaglerLive | 20 Comments

ISIS beheadings have provoked instinctive revulsion, justly so. Too bad the same reaction doesn’t follow Florida’s and other American state’s equally barbaric continuation of the death penalty, a habit other civilized nations have abandoned.

In Florida, Police Can Use Deadly Force Without Fearing Prosecution

September 8, 2014 | FlaglerLive | 29 Comments

“In the past 20 years, not a single officer in Florida has been charged with using deadly force,” The New York Times reported last week, a startling prevalence of de-facto immunity in a state where police violence is not rare.

John Ruthell Henry Is Executed, 18th Inmate Put to Death on Rick Scott’s Watch

June 19, 2014 | FlaglerLive | 9 Comments

No other first-term governor has signed the execution warrants of so many inmates since Florida re-instituted the death penalty in 1976. Since then, the state has executed 87 inmates. One in five of those has been executed on Scott’s watch, in less than four years.

Florida Supreme Court Upholds “Timely Justice” Law Fast-Tracking Executions

June 12, 2014 | FlaglerLive | Leave a Comment

timely justice act death penalty florida

In a concurring opinion of the unanimous decision, Justice Barbara Pariente emphasized that the law would not affect the Supreme Court’s “solemn responsibility” to block executions if needed to ensure that defendants’ rights have been protected.

Florida Leads Nation in Inmates Who Serve 100% Of Their Sentence, Increasing Chance of Re-Offending When Released

June 5, 2014 | FlaglerLive | 8 Comments

A new study by the Pew Charitable Trusts finds Florida leading the nation in inmates who “max out” their sentences — serving 100 percent of their time and being released with no supervision beyond the prison gates, thus increasing the chance of re-offending. Almost a third do re-offend.

U.S. Supreme Court Declares Florida’s Death Penalty Too Rigid in Low I.Q. Cases

May 27, 2014 | FlaglerLive | 6 Comments

The execution wing at Florida's Starke prison, scene of many an execution involving intellectually disabled inmates. (© FlaglerLive)

The court, in a 5-4 decision, said Florida’s use of an IQ score of 70 “creates an unacceptable risk that persons with intellectual disability will be executed, and thus is unconstitutional.” “Intellectual disability is a condition, not a number,” wrote Justice Kennedy for the majority.

Gov. Scott Sticking By Lethal Injection Formula Despite Gruesome Execution in Oklahoma

May 8, 2014 | FlaglerLive | 14 Comments

A new report issued by the Constitution Project on Wednesday recommends that states like Florida scrap the three-drug lethal injection cocktail that resulted in a botched execution in Oklahoma last week and switch to a single drug instead. But Gov. Rick Scott’s administration says it’s making no changes.

Replacing Salisbury Steak With Sardines, Florida Prisons’ Kosher Option Raises Hackles

April 11, 2014 | FlaglerLive | 8 Comments

Inmates contend that the peanut butter, sardines and cabbage served up daily by the Florida Department of Corrections are designed to discourage them from signing up for the kosher meals or to punish inmates if they do, and that the chow is far from what a federal judge had in mind last year when she ordered the state to start serving kosher meals to inmates.

Life Without Parole for Juveniles: Florida Struggles to Comply With Supreme Court Ruling

March 6, 2014 | FlaglerLive | 2 Comments

Florida's sentencing guidelines for juveniles are the harshest in the nation, and out of step with Supreme Court rulings. (Nicolas Nova)

Florida sentences more juveniles to life in prison without parole than any other state, but the pressure is on the Legislature this year to comply with restrictive U.S. Supreme Court rulings because without sentencing guidelines, the Florida judiciary is filling the gap one case at a time.

Convicted in Trooper’s Murder, Paul Howell Is Executed, Gov. Scott’s 15th

February 27, 2014 | FlaglerLive | 8 Comments

Howell was convicted in 1994 in the 1992 murder of Florida Highway Patrol trooper Jimmy Fulford in 1992 when a bomb Howell manufactured exploded in the trooper’s hands after a traffic stop.

Grim Reaping: Gov. Rick Scott Now Florida’s Record Holder For Most 1st Term Executions

February 20, 2014 | FlaglerLive | 22 Comments

rick scott executions record governor florida

Juan Carlos Chavez’s execution last week was the 13th on Florida Gov. Rick Scott’s watch — a record among first-term Florida governors since the death penalty was reinstated in 1976, and a record Scottt is smashing with yet more death warrants he is signing in his fourth year.

With 132 Death Row Inmates Readied for Execution, Lawyers Contest Fast-Track Law Before Florida Justices

February 4, 2014 | FlaglerLive | 3 Comments

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.

Death Penalty’s Latest Mutation:
Experimenting on Human Beings

January 28, 2014 | FlaglerLive | 14 Comments

The condemned's arm is slung through it and strapped for the lethal injection cocktail. (Florida Prisons)

The decision to seek the death penalty simply can’t be justified either by society’s or individuals’ desire for revenge, argues Steve Robinson. Were that the case, we could issue baseball bats to family members and let them beat the convict to death in the town square.

Rarely Punished, Guards May Be Responsible for Half of Sexual Assaults in Prisons and Jails

January 25, 2014 | FlaglerLive | 4 Comments

The federal report is based on data from all of the nation’s federal and state prisons as well as many county jails. It shows more than 8,000 reports of abuse each year between 2009 and 2011, up 11 percent from the previous report, and extremely rare prosecutions.

Askari Muhammad Is Executed After 38 Years on Death Row and Numerous Legal Bungles

January 8, 2014 | FlaglerLive | 12 Comments

Muhammad was sentenced to death in 1975 for the murder in July 1974 of Sydney and Lillian Gans near Miami, and, after that sentencing was thrown out, sentenced to death for the murder of prison guard James Burke in 1980. He is the 13th individual executed on Gov. Rick Scott’s watch since 2011.

Scott Signs 14th Death Warrant: Juan Carlos Chavez, Murderer of 9-Year-Old Jimmy Ryce

January 2, 2014 | FlaglerLive | 8 Comments

Juan Carlos Chavez has been on Florida's death row 15 years.

Juan Carlos Chavez, will be executed on Feb. 12. Scott’s order comes less than a year after the death of Martha Ryce, who dedicated her life to advocate for missing children after the murder of her brother. Martha Ryce, considered the voice of her family, committed suicide on December 30th in Atlanta. She was 35.

Florida Supreme Court Stays Execution, Raising Questions About Cruelty of Lethal Injection Cocktail

November 19, 2013 | FlaglerLive | 15 Comments

A 5-2 Florida Supreme Court vote put the execution of convicted murderer Askari Abdullah Muhammad on hold Monday to consider claims that the three-drug cocktail used to put inmates to death could cause unnecessary suffering.

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