Five new recruits for the Flagler County Sheriff’s Office and Flagler Beach police got a blunt, unfiltered briefing on how to testify in court from Assistant State Attorney Jason Lewis. It was a rare look, witnessed by FlaglerLive, at the dynamic between prosecutors and cops on the usually confidential fringes of court cases, and at how prosecutors prepare, guide and at times admonish police before they take the witness stand, since a cop’s testimony can make or break a case.
Sixth Amendment
Flagler’s All-White Juries Aren’t What They Used To Be. Thank Wokism.
It wasn’t that long ago when an all-white jury deciding the fate of a Black man accused of raping a white woman, let alone a white underage girl, would have taken no more than the few minutes necessary to sign the verdict form declaring the man guilty. That’s assuming the man made it to the courthouse in the first place. Those days are over.
Proposal to Let Death Row Inmates Represent Themselves on Appeal Sparks Sharp Opposition
The proposal, which was released in May, has spurred opposition from a wide range of groups that argue Death Row inmates are not qualified to represent themselves in the often-complicated proceedings, including many inmates who have mental illnesses.
Do Unbiased Jurors Exist in Social Media Age Anymore?
It’s a fundamental question for this era: Is it possible to find unbiased citizens to serve on a jury in high-profile cases during an age of ubiquitous social media? The dilemma facing the Supreme Court is how prescriptive they want the voir dire process to be. It could issue an opinion requiring lower courts to ask jurors more penetrating questions about their exposure to media accounts in high-profile cases.
DeSantis Ducks Reporters, His Office Is Unforthcoming About his Whereabouts Again
Lack of notice to the press — intermediaries for the taxpayers the governor works for — has been a persistent problem for the DeSantis administration, though it’s not a problem specific to him. Other governors have played the same games.
Appeals Court Orders New Bova Murder Trial: Judge ‘Abused’ Discretion By Denying Him Right to Represent Himself
The Fifth District Court of Appeal today ordered Joseph Bova re-tried for murder, 17 months after a jury found Bova guilty and a judge sentenced him to life in prison. The court ruled that Judge Terence Perkins was wrong to deny Bova his right to fire his attorneys and represent himself, no matter how much of a mess Bova would have made for himself.
Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize
The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.
Rare Look at Minefield of Self-Representation as Judge Perkins Defends Decision to Deny Murder Suspect’s 6th Amendment Right
Circuit Judge Terence Perkins for the second time in five weeks on Tuesday defended his decision to deny Joseph Bova the right to represent himself during his trial on a first-degree murder charge at the end of September. Bova was found guilty and Perkins sentenced him to life in prison. The case is on appeal.
‘Marsy’s Law’ Protections for Crime Victims Sound Great, but Could Cause Problems
Giving crime victims constitutional rights equal to those of defendants sets up a clash over the accused person’s Sixth Amendment right to due process and the right to be presumed innocent until proven guilty.
Judge Craig Is Out, Judge Perkins Is In As Flagler’s Felony and Civil Benches Again Flip
Circuit Judge Terence Perkins will replace Dennis Craig, who’s headed back to Volusia, becoming the sixth judge in eight years to preside over Flagler County’s felony court.
3 Flagler Death Sentences Among More Than 200 Invalidated By Florida Supreme Court
The invalidation of 55% of death sentences affect those of two Flagler double-murderers–William Gregory, of Flagler Beach, David Snelgrove of Palm Coast–and Cornelius Baker, who killed a woman in Flagler.
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: 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.
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.
The FBI’s Hairy Evidence Sends Floridians to Prison on Unscientific Testimony
At least 42 Floridians have gone to prison on tainted FBI evidence, including one who was executed and as many as nine who remain on death row, after trials in which FBI “experts” gave testimony that the agency concedes to have been unscientific.
Guilty of Being Poor: Across the Nation, Courts Shake Down the Destitute
From fines targeting the poor to civil asset forfeiture, courts have mounted odious means of seizing cash and property from people not charged with any crime and who can’t afford legal defense.
When Good Lawyers Defend Bad Men
Melissa Moore Stens, a candidate for Flagler County judge, has been unfairly criticized for defending Paul Miller, the Flagler Beach man who shot and killed his neighbor over barking dogs. But Paul Miller should be on trial, not his lawyers–or the Sixth Amendment.