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.
Eighth Amendment
Too Many Questions Beg The Answer: End the Death Penalty in Florida
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
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
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
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”
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
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
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
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
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
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?
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
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.
Bi-Partisan Lawmakers Looking to Expunge Criminal Records of Non-Violent Juveniles
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
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Darius Kimbrough, 19 Years on Death Row for Murder of Denise Collins, Is Executed This Evening
Darius Kimbrough, who raped, beat and murdered 28-year-old Denise Collins in her Orlando apartment in 1991, is being executed by lethal injection at Florida’s Starke prison at 6 p.m. Tuesday, after 19 years on death row. He is being killed on his mother’s birthday. He becomes the fifth inmate executed in Florida this year.
Fast-Tracking Executions Proves Slower than Expected Under “Timely Justice Act”
The new law designed to fast-track executions in Florida, called the Timely Justice Act, will not spark a flurry of executions after all even as 132 convicts have been certified as being partially “warrant ready” to be killed, perhaps dashing some lawmakers’ expectations.
Only in Florida: Attorney General Bondi Reschedules Execution to Avoid Conflict With Her Fundraiser
Marshall Lee Gore was to be executed the evening of Sept. 10 until Attorney General Bondi rescheduled the killing so it wouldn’t conflict with her “campaign kickoff” fundraiser in Tampa. She now says she shouldn’t have done that.
After Two Stays, Supreme Court Clears Marshall Lee Gore For Year’s Fourth Execution
Rejecting arguments that he should avoid lethal injection because he is insane, the Florida Supreme Court on Tuesday approved the execution of Marshall lee Gore, convicted of killing two women in 1988 in Miami-Dade and Columbia counties.
Stand Your Ground Special Session: Florida Democrats Invoke Unique Tactic in Hunt for Votes
Vastly outnumbered Democrats have a week to convince enough Republicans lawmakers to support a special session of the Legislature on the Stand Your Ground law. The Secretary of State’s office has to find 96 lawmakers to trigger such a session.
Eric Holder Takes on the “War on Drugs,” Mandatory Sentences and Epidemic Imprisonment Rates
Attorney general Eric Holder on Monday delivered a seminal speech outlining a plan to revamp federal drug policy and incarceration rates of non-violent and elderly offenders, and urging Congress to review mandatory sentencing in light of a “war on drugs” that has not worked. The full speech.
Cabinet Passes, for Now, on Pardoning Marissa Alexander, Pending Stand Your Ground Appeal
Alexander, a 32-year-old mother of three, was sentenced to 20 years in prison last year after firing a shot into a wall during a dispute with her abusive husband, a case that stands in sharp contrast with George Zimmerman’s not-guilty verdict after he shot and killed an unarmed teen.
It Ain’t Texas: Florida Supreme Court Reverses Two Death Sentences, Citing Mental Issues
In two separate decisions that illustrate the fallibility of death sentences, the Florida Supreme Court this week overturned the death sentences of Michael Shellito, 37, and Ralston Davis, 28, ruling in both cases that the murderers’ mental state at the time of the killings should have played a larger role in theirs sentences.
Supreme Court Denies Gregory’s Death-Penalty Appeal for 2007 Murders in Flagler Beach
William Gregory, now 30, was sentenced to death in 2011, for the murder of his ex-girlfriend, Skyler Dawn Meekins, then 17, and her boyfriend Daniel Arthur Dyer, then 22, as they slept, and Skyler’s 1-year-old daughter was in a nearby room.
Emergency Lawsuit Charges Law Fast-Tracking Death Row Inmates Is Unconstitutional
The suit alleges that the law, which goes in effect July 1, would violate the separation of powers by imposing obligations on lawyers that conflict with judicially-determined rules, and that it would alter the court’s authority to govern capital post-conviction litigation and would violate due process and equal protection.