Mary Shaw Mathews, 88, was found to have died by strangulation and over-medication on Feb. 21 at her Palm Coast home. Her son Richard told detectives that she had asked him to end her life as she had been suffering and declining fast. Today’s outcome reflected a judicial system grappling with the gray area between mercy killing, which is not allowed by law, and a form of induced death.
Rights & Liberties
When a Mother’s Right to See Her Child’s Teacher Is Not an Absolute, Even With Medical Concerns
A parent at Old Kings Elementary was denied immediate access to her child’s teacher to deal with a medical matter Wednesday, and was subsequently given wrong information about access. The district says it was not quite an emergency, and that with some patience and a better understanding of the rules the matter would have been resolved.
U.S. Supreme Court Takes Up Florida Lawyer’s Appeal of Ban on Judicial Candidates’ Campaign Solicitations
Lanell Williams-Yulee was disciplined by the Florida Bar for violating a rule barring judicial candidates from soliciting money when running for judgeships. The U.S. Supreme Court may reverse that rule, affecting 30 states where similar bans are in place.
Michael Dunn Is Guilty of First-Degree Murder in Shooting of Jordan Davis as Jury Rejects Self-Defense Claim
Michael Dunn murdered 17-year-old Jordan Davis at a gas station in Jacksonville the day after Thanksgiving 2012, in a case that again put the focus on Florida’s Stand Your Ground law and racial implications.
FPL’s $13-a-Month Surcharge on Customers Who Refuse Smart Meters Draws Challenges
The dispute involves only a fraction of FPL’s customers, but it is part of a broader controversy in which critics say they worry the new meter technology could pose threats to their privacy or health.
Nursing Home Surveillance: Should You Be Able to Spy On Your Grandma’s Caretakers?
Illinois may be about to join at least four other states that have laws or regulations allowing residents to maintain cameras in nursing home patients’ rooms. Florida is not among them.
More Secrecy, Harsher Punishment for Pregnant-Women Beaters, Parasailing Regulations: 32 New Laws Go In Effect
A number of the new Florida laws going in effect Wednesday involve public-records exemptions, including one to allow some university boards to meet in private to discuss donors and research funding.
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.
Assault Weapons Don’t Kill People.
Handguns Kill People.
It turns out that big, scary military rifles don’t kill the vast majority of the 11,000 Americans murdered with guns each year. Little handguns do. Yet Democrats and anti-gun advocates keep focusing on renewing the defunct assault-weapons ban.
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.
Lillian Gobitas Klose, Who Defied Mandatory Pledge of Allegiance, Is Dead at 90
Lillian Gobitas Klose was 12 when she was expelled from school for refusing to say the Pledge of Allegiance. Eight years later, in the midst of World War II, the U.S. Supreme Court vindicated her decision.
The Palm Coast City Council as Labor Tribunal: Firefighters Union and Administration Face Off
Palm Coast firefighters and the city administration reached an impasse in December after more than three years of negotiations over a contract, leaving it to the city council on Friday to settle the dispute in an unusual hearing.
Appeals Court Orders City Government to Release “Shade” Meeting Transcript
In a highly critical opinion, an appeals court Wednesday ordered the city of St. Pete Beach to release a transcript of a closed-door discussion about the settlement of a lawsuit.
Sheriff’s Deputies Never Wrote an Incident Report After Fatally Shooting Palm Coast Man
Details of the December 2012 fatal shooting of 32-year-old Troy Gordon on Brownstone Lane in Palm Coast, at a time when Don Fleming was still sheriff, emerged in a court case today that revealed how a union could trump sheriff’s policy even in grave shooting incidents.
Federal Judge Rules Florida’s Same-Sex Marriage Ban Unconstitutional, But Stays Decision
It is the fifth court decision in the state finding against Florida’s ban, but the first federal-court decision, and the first that applies state-wide. Nevertheless, as in previous cases, the judge stayed the decision, granting time for this and other decisions to be appealed.
The Phony War Over Campaign Signs
The problem isn’t the county’s ban on campaign signs at the public library, it’s the dismal slate of candidates on this year’s primary ballots, but Flagler’s Ronald Reagan Assembly candidates and Supervisor of Elections Weeks have teamed up to play up a bogus controversy.
Every Town a Ferguson:
Reflections of a Scary Black Kid from Brooklyn
Next time you feel intimidated by a black man, try to understand that it’s not about you, writes Jon Hardison, as much as it reflects remnants of a fear of what the average black American grew up with.
Kimberle Weeks Calls County’s Campaign Sign Rules “Interference”; Administrator Craig Coffey Responds
Flagler County Supervisor of Elections Kimberle Weeks says the county’s political-sign rules “may create an unpleasant and dangerous environment” for voters and campaigners at the public library. County Administrator Craig Coffey disagrees.
4th Judge in 3 Weeks Strikes Down Florida’s Gay-Marriage Ban
A Palm Beach County circuit judge ruled Tuesday that Florida’s same-sex marriage ban was unconstitutional in a probate case involving a gay couple who married in Delaware.
County Forcefully Rejects Elections Supervisor’s Claims That Campaign Sign Restrictions Hurt Turnout
Aided by a political candidate, Flagler Supervisor of Elections criticized county rules barring election signs on public property, claiming it lowers turnout and interferes with elections, promoting forceful rebuttals from the county administration.
Judge Upholds Blind Trust Law, Allowing Gov. Scott to Shield Assets From Public
Critics say the device contradicts constitutional safeguards requiring Florida voters to be made aware of what a public official owns and how it might affect his or her decisions. Scott, who reported a net worth of $132.7 million as of the end of last year, is believed to be the only official using a blind trust.
Florida’s “Docs vs. Glocks” Bill Wins Federal Appeals Court Approval in 2-1 Ruling
The 11th U.S. Circuit Court of Appeals said the state Legislature had the right to pass the NRA-backed law, which includes provisions restricting doctors and other medical providers from asking questions about gun ownership during medical visits.
Florida Ban on Gay Marriage Is Declared Unconstitutional, But Miami-Dade Judge Stays Decision Until Appeals
Eight days after a Monroe County judge declared a ban on same-sex marriage illegal, a Miami-Dade circuit court judge late today struck down the ban in Florida on behalf of six gay couples, but stayed her decision until the results of an appeal.
Israel’s March of Folly
Israel’s latest attack on Gaza reflects yet again that peculiar blend of arrogance and bigotry that has characterized Israeli policy toward Arabs since 1982: the arrogance that Israel is infallible, and the bigotry that sees Arabs either as inferior creatures to be walled off or as terrorists to be killed. It shouldn’t be surprised when the beasts rebel.
Florida Supreme Court Seeks Clarity on Inmates Sentenced to Life in Prison as Juveniles
The U.S. Supreme Court held that juvenile sentencing guidelines must offer young offenders the chance to have their cases reviewed after serving a certain number of years. A Florida law went into effect July 1, seeking to comply. But it remains unclear in key regards.
The Only Immigration “Crisis” Is America’s Refusal to Take In Children With Open Arms
What are we to make of people who will stand in front of a TV camera and say they don’t want “those” people in their town? What are we to make of people who know so little of their beloved country’s history that they will make a mockery of the Statue of Liberty’s welcoming torch by greeting busloads of terrified children with shouts of “Go back where you came from”?
Calling It “Obviously Unconstitutional,” Judge Strikes Down Gay Marriage Ban in the Keys
Judge Luis Garcia, a Jeb Bush appointee, ruled that fundamental rights such as marriage may not be defined by the state, nor can they depend on a vote, such as Florida’s 2008 constitutional amendment banning gay marriage. But the ruling applies only in Monroe County.
Palm Coast Activists Drop 1,600 Postcards to Rep. Ron DeSantis, Seeking Better Gun-Safety
The national, week-long “Not One More” campaign was inspired by the passionate plea of Richard Martinez, father of a victim of the May 23 mass shooting in Santa Barbara, in which Elliot Rodger killed six people and injured 13 before killing himself.
Hobby Lobby and Religion’s
Assassination of Common Sense
The Supreme Court’s decision granting some companies authority to deny contraception to employees is a reminder that women-hating, science-bashing and religiously-based bigotry veiled as “faith” are alive and well in America.
Blame Democrats for the Court that
Birthed the Hobby Lobby Decision
On the other hand, Democrats appear to have been clueless — and (some even) complicit, writes Stephen Goldstein. Year after year, they approved the radical majority of justices who now make up the “Roberts Court,” even when they knew their extreme agenda.
Gov. Scott Gives Up Drug-Testing Half of State’s Workers, But Still Aims Pee Cup at Rest
The governor has not conceded that forcing state employees to undergo urinalysis is unconstitutional despite lower court rulings that spurred the concessions. The U.S. Supreme Court earlier this year refused to take up the case, but it is believed Scott will again ask the high court to rule on the case if he ultimately loses in lower court proceedings.
Jose Manuel Godinez-Samperio, “Undocumented” Immigrant, Earns Florida Bar Recommendation To Be an Attorney
The action benefiting Jose Manuel Godinez-Samperio, of Largo, came less than two months after Gov. Rick Scott signed into law a bill (HB 755) that allows “Dreamers,” undocumented immigrants brought to the country as children, to be eligible for The Bar.
Birth Control Coverage: Hobby Lobby Decision May Not Be The Last Word
The Supreme Court’s decision Monday saying that “closely held corporations” do not have to abide by the contraceptive coverage mandate in the Affordable Care Act may not give those firms the ability to stop providing that coverage after all.
Corporate Religious Liberty: The Supreme Court’s Misguided Decision
When companies have clear policies on religious discrimination, their employees are less likely to be looking for a new job. The Hobby Lobby decision may undercut such successes when companies opt to follow its dictates, writes Joyce S. Dubensky.
Florida Justice Barbara Pariente’s Crusade: Jurors Need Help Understanding that Eyewitness Testimony Is Unreliable
Justice Pariente noted that the Innocence Commission analyzed wrongful convictions and highlighted eyewitness misidentification, which has been a factor in 75 percent of convictions later exonerated through DNA evidence nationally.
As Florida Eases Harsh Approach, Study Shows Locking Up Juveniles Makes Them Likelier Adult Criminals
Between fiscal year 2010-11 and fiscal year 2012-13, juvenile arrests in Florida declined 23 percent and felony juvenile arrests declined 17 percent, while transfers to adult court declined 36 percent.
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.
Domestic Spying: How Marketers’ Tracking of Your Web History Is Getting Creepier–Offline
Online marketers are increasingly seeking to track users offline, as well, by collecting data about people’s offline habits—such as recent purchases, where you live, how many kids you have, and what kind of car you drive.
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.
Jitter Echo: Opponents of Amendment 2 Launch “Don’t Let Florida Go to Pot” Campaign
Opponents of a proposed constitutional amendment that would legalize medical marijuana launched the “Don’t Let Florida Go to Pot” campaign Tuesday, warning that passing the measure would lead to widespread abuse. Proponents of the measure are discrediting the campaign.
ACLU Sues Sarasota Police For Access To Records On Cell Phone “Stingray” Tracking Program
The ACLU of Florida has been seeking public records for several months now from about 30 police departments and sheriffs’ offices all over Florida in an effort to access whether or not police are not trampling on privacy rights.
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.
Sunshine Lows: Cities and Counties Do a Lousy Job of Sharing Information With Citizens
When the First Amendment Foundation publicized its transparency scorecard last month, it found that on average, cities and counties in Florida had lots of room for improvement in sharing the workings of government with the governed.
In a Defeat For Non-English Speakers, Court Bars Entitlement to Spanish-Speaking Shrinks in Workers-Comp Claims
In what could be a first-of-its-kind decision in Florida, an appeals court ruled Tuesday that a man suffering from head injuries was not entitled to treatment from a Spanish-speaking psychologist as part of a workers-compensation insurance claim.
No Castle Doctrine: A Homeowner Is Arrested in F Section For Refusing to Let In Cops to Serve a Warrant
Susan Jones, for more than seven years a home owner on Palm Coast’s Ferdinand Lane, was arrested when she attempted to refuse entry to deputies who wanted to serve an arrest warrant on another woman staying in Jones’s house.
Alan Grayson Amendment Puts NSA on Notice Over Encryption Standards
An amendment filed by Rep. Alan Grayson, D-Fla. and adopted by a House committee would, if enacted, take a step toward removing the National Security Agency from the business of meddling with encryption standards that protect security on the Internet.
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.
Double-Killing in Ormond Beach:
Not Murder-Suicide, But Mercy and Heroism
Shortly after midnight today John Poucher, 89, shot his wife Barbara, 86, who was suffering from Alzheimer’s, then shot himself. The killings will be logged inaccurately as a murder-suicide. The crime is that we live in a society still too barbaric to give assisted suicide and mercy killing its due.