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Eighth Amendment

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.

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.

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