Judges rarely turn down requests for waivers. The decision cites evidence that 89.5 percent of petitions were granted in 2013, 90.5 percent in 2014 and 94.7 percent in 2015.
Rights & Liberties
In An Ugly Election Result, Hate Surges Online as Trump Emboldens Extremists
Throughout Donald J. Trump’s ultimately successful run for the presidency, many worried that he had, willfully or recklessly, emboldened racists across the country. Evidence suggests Trump’s effect on rising extremism has been unmistakable.
How The Electoral College Mistrusts Voters
That flaw is the Electoral College. For the fourth time in our history, and the second in 16 years, it has given the presidency to the candidate who polled fewer votes — 2 million fewer in this case — than his principal rival.
Black and White: 11 Florida Supreme Court Applicants Contrast Starkly With Retiring James Perry
The exit of the liberal Perry — one of five jurists who make up a liberal-leaning majority — gives Gov. Rick Scott his first opportunity to shape a bench that has repeatedly vexed the Republican chief executive and the GOP-dominated Legislature.
New School Board Chairman Trevor Tucker Calls For, and Gets, Half As Many Meetings
Relying on a faulty analogy with Duval County schools, Flagler County School Board Chairman Trevor Tucker wants the number of meetings cut from four to two per month, but wants these to be meatier than they’ve been. The board gave its guarded approval.
Two Kindergarten Students of Mixed Races Come Home From Imagine School With Swastikas on Their Skin
School officials say clear video from the school bus captured the incident, in which a middle school student is said to have drawn swastikas on at least two kindergarteners’ skin. A motive has not been disclosed.
Gov. Scott’s Pick from Judges Applying to Replace Perry Will Shift Supreme Court Right
The Florida Supreme Court Judicial Nominating Commission plans to provide Scott a short list of six names, from 11 applicants, by Nov. 29, giving the governor plenty of time to make a decision before Justice James E.C. Perry’s resignation goes into effect Dec. 30.
The Future of Civil Rights is Up To the Supreme Court
Based on the list of judges Donald Trump has said he would consider for nomination, our civil rights could be in real jeopardy with a Trump presidency, argues Mary Frances Berry.
The Day After
Despite a liberal’s shellshock from a Trump presidency and the dreadful clarity of times ahead, this is no time to decamp or retreat–nor to deny in any way that he is our president.
Florida’s Death Penalty On Hold: Supreme Court Halts Trial Pending Legislative Change
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.
Citing Secular Protocol, Florida Athletic Association Rejects Schools’ Claim That Prayer Was Muzzled
Florida law does not require, and for good and valid reason does not permit, the FHSAA to promote prayer through state-run public address systems, the athletic association argues.
Florida Justices Overturn 42-Year-Old Death Sentence in “Black Revolutionary Army” Killing
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.”
Continuing Series of Voting-Rights Decisions, Judge Rules Against State on Disputed Ballot Signatures
The 30-page ruling Sunday by U.S. District Judge Mark Walker focused on situations in which voters’ signatures submitted with mail-in ballots do not appear to match signatures on file with county supervisors of elections. Under a 2004 law, such mail-in ballots are rejected.
Florida Supreme Court in Seminal Decision Rules Death Penalty Verdicts Must Be Unanimous
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.
Overruling Scott, Judge Orders Voter Registration Deadline Extended at Least Through Wednesday
U.S. District Judge Mark Walker also set up a Wednesday morning hearing to consider a request by the Florida Democratic Party to keep registration open until Oct. 18 — a week after the initial deadline was set to pass.
After Reaching Record Pace, Executions in Florida Are on Hold as Ruling Muddies Syringes
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.
Court Sees No Crime in Sarasota High Student’s Tweeted Threats to “Shoot Up” His School
A 16-year-old high school student who repeatedly threatened on Twitter to shoot up his school in Sarasota did not commit a crime because his threats were not directed at anyone in particular, the second District Court of Appeal ruled Wednesday.
Tampa Christian School Files Suit Over Ban on Loudspeaker Prayer at Football Game
The nonprofit that operates Cambridge Christian School in Tampa said the Florida High School Athletic Association violated its civil rights by banning the private school and its opponent from joining in prayer over the loudspeaker at the game.
Early Voting Facts and Myths
Research shows early voting increases turnout by 2 percent to 4 percent. In some cases, it particularly boosts voting among minorities, a constituency that tends to vote Democrat.
Florida Justices Let Felon Carry Hunting Rifle, Saying Prohibition Doesn’t Apply to Antique Guns
In a 5-2 decision, justices cleared Weeks on the gun-possession charge because state law treats antique firearms — and their replicas — different from other guns. The ruling said lawmakers exempted firearms manufactured in or before 1918 and their replicas from the prohibition on felons possessing guns.
Gov. Scott’s Office of Open Government Barricades Itself
Florida once had one of the toughest sunshine laws in the country, and people were proud of that. But it’s no longer the case. Transparency has given way to talk–and barricades.
Why I Stand For The National Anthem
There is outrage on the anniversary of 9/11: the outrage should be directed at those who have taken for granted the liberty and privilege of being a professional athlete by showing disrespect to our National Anthem by way of protest.
The National Anthem’s False Notes
Blasphemous as it seems, Colin Kaepernick’s freedom to sit out the Star Spangled Banner is written in the anthem’s very words, though his tormentors are more disturbed by his message, which they would rather not hear.
The Reek of Hypocrisy Behind Federal Marijuana Laws
In most cases, our laws treat chemicals as safe until proven dangerous. Marijuana, on the other hand, is being held to a higher standard. It’s not even that it’s considered dangerous until proven safe. The government says that they won’t lift regulations on it until it’s proven beneficial.
Appeals Court Sides With Florida Prisons in Public Records Dispute With Miami Herald
The Florida prisons department was required to provide item-by-item legal explanations for its decisions to black out information on public records requested by the Herald — a process known as redacting the information.
Does Diversifying Police Forces
Reduce Tensions? Not Necessarily.
Beyond diversity, hiring officers who know and understand the community, asking officers to build better relationships with neighborhoods they serve, reducing officers’ use of aggressive arrest tactics and increasing officer training is shown to be more effective than changing the color of the ranks.
Two Attorneys Disbarred Over “Unprecedented” DUI Set-Up of Opposing Lawyer in Big Case
The Florida Supreme Court unanimously supported the disbarment of Robert D. Adams and Adam Robert Filthaut of Tampa for their role in setting up the drunken-driving arrest of an opposing lawyer during a high-profile case.
Florida Continues to Suppress Lethal-Injection Records in Face of Challenge by Death Row Inmates
Lawyers for seven Death Row inmates and the First Amendment Coalition of Arizona in June filed a subpoena seeking years of records related to Florida’s triple-drug lethal injection protocol, including the types of drugs purchased, the strengths and amounts of the drugs, the expiration dates of the drugs and the names of suppliers.
Devil’s Gambit: Sacrificing All Else to Ensure Trump Picks for the Supreme Court
To some Republicans, keeping Hillary Clinton from appointing new justices is worth letting everything else go to hell. The government, the country, maybe the world and certainly the court.
Masked Man Who Taunted Lamb at Sheriff’s Forum Is Unmasked as Whisenant Supporter
Richard Rubin, a twice-arrested local resident and supporter of Mark Whisenant’s sheriff’s campaign, attempted to rattle candidate John Lamb Monday evening by riding masked and in camouflage and holding up a sign claiming Lamb and his family did not live in the county, a false claim.
My Mother, Stopped for Driving While Black
The mistreatment of black people by police officers isn’t new, nor is it surprising, argues Milen Mehari. According to the Justice Department, black people are almost four times more likely than whites to experience the use of force during police encounters.
Racism Allegations Against Jacksonville Judge Hulsey Enter Case of Black Man on Death Row
Other black defendants whose cases were overseen by Hulsey “are living with the fear that the proceedings were infected by racial prejudice,” but questions about Hulsey’s impartiality also affect “the public at large and all residents of Florida,” lawyer Martin McClain wrote.
Florida’s Only Openly Gay Lawmaker Describes a Rick Scott More Accepting of LGBT
In the days after 49 people were killed at a gay nightclub in Orlando, Gov. Rick Scott privately expressed some support for gay rights to the state’s only openly gay state lawmaker, David Richardson.
Appeals Court Upholds Red-Light Cameras But Urges Florida Supreme Court to Rule Decisively
A court upheld Aventura’s program, which relies on police, not the private contractor, to make decisions about ticketing motorists. But the court wants the supreme court to decide the issue more finally.
In Bunnell, 100 Black Marchers Chant for “All Lives,” For Unity, But Also For Looking Inward
The Black Lives Matter-themed march Sunday evening around Bunnell was itself a display of the harmony it called for, though it clearly didn not get participation from the county’s whiter surroundings.
Black Lives Matter. Period.
Cops are owed all the appreciation and respect their profession commands. Blacks are owed their right to life. The two are not mutually exclusive, but certain differences matter, especially when they falsely paint cops as the victims and blacks as the aggressors.
Fershtay? Appeals Court Rules Florida May Not Halt Offering Kosher and Halal Meals to Prisoners
Florida prison officials argued they had a right to stop offering kosher meals if they got too expensive. The 11th Circuit Court of Appeals said no in a unanimous decision.
Flagler Judge Gives Pot Plan a Lift, But Council And Whiff of Politics Again Delay Adoption
The proposal would reduce the penalty for first-time possession of pot to a $250 fine rather than a criminal charge, but it’ll be at least another month before the proposal gets out of a council, if then, and heads for approval (or rejection) by local governments.
Citing “Public Policy Interests,” Florida Refusing to Disclose Information on Drugs Used in Lethal Injections
Lawyers representing seven Arizona Death Row inmates want information about the drugs used in Florida’s lethal-injection procedure, but corrections officials are asking a judge to keep the documents secret.
At Flagler NAACP Town Hall, Matters of Black Lives, “The Talk,” and the Gap Between Community and Policing
A town hall organized by Flagler’s NAACP branch, with several top officials from the sheriff’s office, took stock of the recent police killings of black men and the killing of five white police officers in Dallas by a black veteran sniper.
Challenge to Florida’s DUI Breath Test May Be Moot After U.S. Supreme Court Ruling
A majority of the U.S. Supreme Court said a law similar to Florida’s, in Minnesota, allowing breath tests for DUI, does not violate the U.S. Constitution’s Fourth Amendment, which bars unreasonable searches and seizures.
Proposal to De-Criminalize Pot Possession Again Teetering as Flagler Council Nears Verdict
The Flagler Public Safety Coordinating Council decides Wednesday whether to recommend the de-criminalization proposal, but the reactions from palm Coast, Bunnell and Flagler Beach have been discouraging.
“I’m Putting My Faith In You,” Judge Tells Predator Granted Less Severe Probation Term
Dorian Coppedge, 37, a Palm Coast resident designated a sex predator just last week, had been rendered homeless by a two-year sex-offender probation term, which Judge Matthew Foxman today agreed to alter to simple probation, thus possibly making Coppedge’s living arrangements less restrictive.
Data, Drones, Apps: Rush to Protect Privacy Raises Concerns Of Stifling Rights and Innovation
As technology redefines the limits of privacy, some of the restrictions, such as those on drones and body cameras may infringe on free speech protections, and some may be smothering innovation.
The Stupidity of Race:
What My DNA Test Reveals
Arab AND Jew? Greek? Italian? A DNA test unravels the ethnic origins of FlaglerLive Editor Pierre Tristam–and underscores the absurdity of making assumptions about anyone’s race, color or so-called origins.
Palm Coast Offender Branded a Sexual Predator 5 Years After Prison, With No New Sex Crime
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.
Siding With Planned Parenthood, Federal Judge Blocks Florida’s New, Restrictive Abortion Law
The law would have barred abortion providers from receiving public funds for other services and required a dramatic increase in inspections of abortion records by health officials.
From DCF to Pam Bondi, Nothing But Contempt for Florida’s Sunshine Law
It’s been decades since Florida had an elected statewide official who paid much more than lip service to open government, and state and local agencies are taking advantage, showing more contempt than respect for the law, argues Florence Snyder.
New Report Doubles Estimate of Transgender People in U.S.; Florida’s Proportion Ranks 6th
The estimate places Florida’s proportion of transgender people at almost 0.7 percent, for a total of 100,000 people, with the national proportion at 0.6 percent, for a total of 1.4 million.
Abortion Rights Mark Big Court Victory, But Effect on Florida Restrictions Unclear
Florida supporters of recent laws requiring more stringent standards for abortion providers say the high court ruling should have no impact. Pending court challenges suggest otherwise.