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.
Rights & Liberties
No, Pat Mooney, Immigrants Aren’t Cattle
Republican candidate Pat Mooney, running for the congressional seat that includes Flagler, managed to compare all Syrians to terrorists, all tourists and immigrants to cattle, and called for foreigners to be “chipped” and tracked the moment they enter the country.
In a Blow to Business, Supreme Court Bans Workers Comp Limits on Attorney’s Fees
The ruling stemmed from a case in which an attorney was awarded the equivalent of $1.53 an hour in successfully pursuing a claim for benefits for a worker injured in Miami.
In Florida, Court Rules, a 55-Year Prison Sentence For a Juvenile Is Not a Life Term
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.
Right to an Attorney Often a Myth as Public Defenders Are Overworked and the Poor Bullied to Plea
There is a lack of funding for public defense in every state, and people charged with low-level misdemeanors, often poor minorities, suffer the most as public defender offices focus their few resources on felony cases.
Florida Justices Block 24-Hour Abortion Waiting Period Pending Review
On a 5-2 vote, justices granted a stay of a lower court’s order allowing the 2015 law to take effect. The Supreme Court said it would keep the stay in place while it decides whether to review the decision by the 1st District Court of Appeal.
Does Arabic Offend You?
When a traveler’s stupidity and racism lead to a fellow-traveler being searched, interrogated and kicked off a plane for speaking Arabic, not only do we all have a problem. We are the problem.
Florida Justices: Cops May Not Keep Lawyer From Client Even in Voluntary Interviews
While a murder suspect was being voluntarily interrogated before he confessed, his lawyer appeared at the sheriff’s office but cops wouldn’t let the lawyer see his client.
Poll-Tax Redux: Millions Free From Jail Are Barred From Voting By Criminal 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.
Public Agencies That Violate Sunshine Law Must Pay Attorney’s Fees, Supreme Court Rules
Justices rejected arguments that agencies should be shielded from paying plaintiffs’ legal fees if public-records requests are handled in “good faith.”
Nurse Assistants at Grand Oaks Rehab Strike for $15/hr Wage in Echo of National Movement
Workers at Grand Oaks Rehab Center in Palm Coast, most on poverty wages, walked out for 24 hours, though they’d given the facility almost two weeks’ notice and replacements ensured no residents lacked care.
Islam’s Contempt for Self-Criticism: From Salman Rushdie to Kamel Daoud
When the Algerian journalist Kamel Daoud linked rapes in Germany on New Year’s Eve to Muslims’ extreme sexual deprivation and “unhealthy relationship with women, their body, and desire,” he was vilified, and silenced.
Outside Gov. Scott’s Office, a Battle Over Alimony Bill’s Elevation of “Father’s Rights”
The most contentious part of the measure involves not alimony but offspring. It would tell judges that, when determining child-custody arrangements, they should begin with a “premise” that children should split time equally between parents.
Why North Carolina’s New Anti-LGBT Law is a Trojan Horse That Kills Workers’ Rights
Another provision banned local minimum wage laws like the $15-an-hour “living wage” ordinances gaining traction around the country. The state minimum wage is $7.25 an hour.
Gateway Drug Bunk: No, Smoking Pot Doesn’t Lead to Harder Drugs
Smoke pot and be merry. Cops’ and politicians’ claims that pot is a gateway drug is baseless fear-mongering intended to stop the legalization of marijuana. But it’s time to dispense with the lie once and for all.
Has Business Biased Florida’s Workers Comp Law Too Far Against Labor? Court Will Decide
Plaintiffs argue that lawmakers have taken too many rights and benefits from people who get injured on the job, while business groups say a 2003 law kept costs from “spiraling.”
Criminal Immunity: Prosecutors Are Rarely Punished for Mistakes and Misconduct
The Innocence Project alleges that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.
A Bunnell Man Is Falsely Arrested Over Name Error, and Case Proceeds Despite Corrections
In a nightmare of the persistence of bureaucratic errors, Dakota Ward, 19, who’s never been in trouble, was confused with another man and falsely arrested on a battery charge last week. His case is still proceeding.
Declaring 2008 Amendment Unconstitutional, Judge Closes Book on Gay-Marriage Ban in Florida
In a harshly worded ruling, U.S. District Judge Robert Hinkle chastised state officials like Pam Bondi for reluctance in acknowledging that the Florida ban had been overturned
Flagler County Supportive of Broadening Discrimination Protection in Housing for LGBT
Barbara Revels, who chairs the county commission, is proposing an amendment to a housing ordinance to extend non-discrimination protection to individuals for sexual orientation.
Garlanded: Smart Republicans Need To Find Their Inner Brain
The Republican Senate’s submission to Mitch McConnell and the right-wing lobbies over the blocked Garland nomination is reason enough for voters to elect a Democratic majority, argues Martin Dyckman.
No, Florida, You May Not Count Prisoners Who Can’t Vote in Redistricting Tallies
A federal judge has struck down county commission districts in a rural North Florida county — a potentially precedent-setting decision that could play into a challenge of the state’s congressional lines.
Sheriff Applauds New Law Regulating Police Authority to Seize Cash and Property
“Civil asset forfeiture” is a controversial practice that gives police authority to seize cash, cars, homes or pother property suspected of use in a crime even absent an arrest. Florida just reformed the law to make forfeiture more difficult and accountable.
The Closing of the Academic Mind
Any denial of academic freedom is a blow struck against the meaning of a university. The irony today is that some of the most worrying attacks on academic freedom have been coming from inside university.
Supreme Court Halts Double Murderer James Asay’s Execution, 2nd Stay in 4 Weeks
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.
Florida Court Clears Way for 24-Hour Waiting Period Before an Abortion
Florida joins 27 other states with waiting periods. Opponents say the law would impose hardships on women seeking abortions because it would force them to miss work, lose wages and pay for additional child care and travel.
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.
Citing Overreach, Senate Kills Public Record Exemption for Hunters’ Personal Information
Barbara Petersen, president of the First Amendment Foundation, welcomed the defeat of the bill, which she labeled “the Ted Nugent Act” because of publicity surrounding a bear hunt last year.
Drone, Pellet Gun and Protected Bird Mix Into Novel Confrontation in Palm Coast’s C-Section
A man threatened to shoot down his neighbor’s drone on Palm Coast’s Collingwood Lane after claiming he was using the drone to harass purple martins, the federally protected birds.
Against Mayor’s Opposition, Palm Coast Council Discovers Public Input at Workshops
For the first time in 17 years the Palm Coast City Council will join other local governments in allowing public participation at council workshops, where most of the decisions are made, not just at “regular” meetings.
Scalia’s Last Laugh: The Battle Begins
With roughly 11 months remaining in his term, Obama undoubtedly will nominate a replacement for Antonin Scalia. Anyone he names will surely be more liberal than Scalia, and anyone he names will tip the balance of the court.
More Public Record Exemptions For Gun Owners, This Time For Hunters and Fishermen
People getting hunting, fishing and boating licenses and certificates from the Florida Fish and Wildlife Conservation Commission would be shielded from public record disclosures.
Bathroom Use By Transgenders Scuttles Bill Designed to End LGBT Discrimination
The anti-discrimination bill is backed by big business such as Disnet and AT&T but opposed by social conservatives such as Florida Family Policy Council.
E Pluribus Un-American:
The Judeo-Christian Smear of Islam
President Obama’s trip to a mosque to reassure American Muslims of their importance should have been unnecessary. It reveals how deep-seated prejudice remains, especially that of conservative Christians who claim to preach acceptance.
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’s “Pastor Protection Act” Seen as Defense of Clergy or Latest Bias Against LGBT
The proposal, which was approved this week by a Senate committee, would prevent clergy members from being forced to perform marriage ceremonies contrary to their beliefs.
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.
Did Goebbels Win? Nazis Are Gone (Mostly), But Deadly Propaganda Is Thriving
It’s not just ISIS: the increasingly sophisticated use of hate speech directed against minorities and migrants has been a worrisome trend in Europe and the United States. Bombs and bullets alone cannot defeat political poison.
Sheriff Manfre Proposes De-Criminalizing Pot Possession; County Officials and State Attorney Open to Idea
Following in the steps of three Florida counties and some 20 states, Sheriff Jim Manfre wants to replace criminal penalties for small amounts of pot with civil fines. State Attorney R.J. Larizza and county officials are willing to explore the new approach.
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.
Opposing Open Carry, Sheriffs Instead Propose Immunity for Accidental Display of Guns
The Florida Sheriffs Association, which has opposed the open-carry measure, outlined proposed steps that would provide immunity to people who inadvertently or accidentally display firearms.
Florida House Wants to Prohibit Immigrants’ “Sanctuary” Communities
Despite emotional pleas from immigrant advocates, state House members Wednesday moved forward with measures aimed at cracking down on cities and counties that provide “sanctuary” for undocumented immigrants and increasing penalties for people who defy deportation orders.
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.
In a Civilized State Without Stand Your Ground, Jordan Davis Would Still Be Alive
The covenant of civilized living demands that we work to defuse conflicts, not escalate them. It demands that we look at each other face to face, and not through the divisive lens of stereotype.
Two Sweeping Supreme Court Cases Set to Redefine Abortion and Contraceptive Rights
As devastating to abortion rights as 2015 proved to be in state legislatures, 2016 is shaping up to be even more turbulent — perhaps the most momentous year for reproductive issues in a generation.
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.
Florida Prisons, Already Censoring a News Publication, Now Seek to Censor Legal Brief
The Florida Department of Corrections is seeking to block state and national media organizations from filing a brief in a legal battle about whether a publication should be barred from Florida’s prisons.
Congress Has Created An Average of 50 New Crimes Per Year for the Past Decade
In just the five years Congress created 439 new criminal offenses for a of 4,889 federal crimes. That’s in addition to the growing number of state and local crimes for which Americans can be prosecuted.
Artless Censors: The Flagler’s School Board’s Misplaced Allegiance to “Staff”
The Flagler school board shirked its responsibility when it chose to be a cheerleader for a principal instead of offering guidance and oversight after a student’s art work was censored at FPC.