The prosecution is arguing that a Supreme Court decision last week may make the re-sentencing of convicted murderer Cornelius Baker, scheduled to start in four weeks in Bunnell, if unnecessary.
florida supreme court
With Conservatives In Control of Supreme Court, A 2016 Decision Reducing Death Sentences Is In Jeopardy
The court has begun the process of reconsidering whether changes to Florida’s death penalty-sentencing system should continue being applied retroactively to cases dating to 2002.
New Florida Supreme Court Flexes Rightward Muscle, Overturning Two January Decisions
Justices, in a pair of 6-1 opinions Thursday, overturned the two rulings. The only dissenter in both cases: Justice Jorge Labarga, who had sided with Pariente, Lewis and Quince in January.
Florida’s More Conservative Supreme Court Rejects Considering Minimum Wage Case
Tuesday’s actions could signal how the new majority will come down on future business-related disputes and could spark state lawmakers, whose annual session begins in March, to consider business-backed legislation to address issues that the old court had foiled.
With Carlos Muniz as 3rd Pick, DeSantis Touts ‘Newly Constituted’ Supreme Court
The appointment of Muniz, 49, solidifies a conservative majority on the court after years of justices regularly thwarting the Republican-led Legislature and the GOP governor.
Florida Supreme Court Will have No
Black Justice For First Time in 36 Years
None of the nine candidates from whom Gov.-elect Ron DeSantis will select three justices is black, although six of the original 59 applicants were African-Americans.
Divided Supreme Court Signs Off On Process to Replace Three Justices
In a 4-3 decision, the court held that the Supreme Court Judicial Nominating Commission was acting within its authority to conduct a process that resulted in 59 judges and lawyers applying to replace justices Barbara Pariente, R. Fred Lewis and Peggy Quince.
Yes, Your Car Can Be A Weapon, Florida Supreme Court Rules, Altering ’95 Definition
The Supreme Court made the somewhat-unusual move of backing away from a 1995 decision, which said a weapon must be “commonly understood to be an instrument for combat.”
Saying Scott ‘Exceeded His Authority,’ Supreme Court Rules Next Governor Will Appoint 3 Justices, Not Scott
The winner of the Nov. 6 election between Republican Ron DeSantis and Democrat Andrew Gillum “has the sole authority” to fill the court vacancies, the court ruled.
Rick Scott Presses His Case For Making Midnight Appointments to Florida Supreme Court
In a case that could alter the future of Florida’s highest court, Scott’s lawyers said the governor retains the power to select replacements for justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who are all leaving in January.
Zambrano Orders Judge Scott DuPont to Clear Out of His Offices In Flagler and Putnam
Chief Judge Raul Zambrano’s order, delivered to DuPont by letter today, is as close to the firing of a judge short of a Supreme Court impeachment, and follows an investigation’s withering recommendation for removal.
Misconduct Charges Mount Against Flagler Judge Scott DuPont, Now Pointing To Courtroom Violations
Seven new charges against Circuit Judge Scott DuPont bring the total to 12 and now point to disturbing allegations of violations against people appearing in court and lawyers.
Gov. Scott Defends Plan to Appoint Three Supreme Court Justices in Last Days In Office
Those three members — justices R. Fred Lewis, Barbara Pariente and Peggy Quince — are part of the court’s more-liberal majority, and some advocates are worried that Scott, a Republican, could tip the balance of power on the bench on his final day in office.
Felons Seeking to Regain Right To Vote Look to Constitutional Amendment
The constitutional change, if approved, could open up voting rights for more than 700,000 Floridians, although fewer than 300,000 could be expected to apply, at least initially.
Florida Supreme Court Upholds Ban On Openly Carrying Guns in 4-2 Ruling
Justices, in a 4-2 ruling, said the state law “regulates only one manner of bearing arms and does not impair the exercise of the fundamental right to bear arms.”
Eroding Florida’s Checks and Balances, One Bill at a Time
A Florida Republican lawmaker’s proposal to give the Legislature the power to invalidate any court’s decision would upend centuries of precedent and make a mockery of a balance of powers, argues Ben Hogarth.
Striking at Balance of Powers, Florida Lawmaker Files Measures to Nullify Court Decisions
Gonzalez’s bills are a reflection of the Legislature’s latest assault on judicial power. But taking aim at separation of powers considered fundamental, if not sacred, to American government may be more of a partisan than a realistic exercise.
Justice James E.C. Perry’s Last Dissent Denounces Florida’s Death Penalty
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.
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.
In Tilt to Right Gov. Scott Appoints Appeal Court Judge C. Alan Lawson to Supreme Court
Lawson’s appointment to the Supreme Court reduces the influence of the liberal-leaning court majority, which has been made up of Perry, Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis and Peggy Quince.
Flagler Circuit Judge Scott DuPont Faces Charges of “Recklessly” Spreading Baseless Claims About Opponent
Circuit Judge Scott DuPont may face serious disciplinary action from the Florida Supreme Court if the Judicial Qualifications Commission recommends it after finding probable cause that he violated ethical rules in his latest election campaign.
Nominating Commission Sends 3 Names to Scott for Next Supreme Court Appointment
Fifth District Court of Appeal Chief Judge C. Alan Lawson, appellate Judge Wendy Berger and Orlando lawyer Dan Gerber made the final cut of the Supreme Court Judicial Nominating Commission.
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.
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.
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.
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.
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.
Justice Perry Will Retire, Giving Gov. Scott 1st Chance to Appoint a Conservative to High Court
Perry is among five jurists who make up a liberal-leaning majority of the seven-member court, which has drawn the wrath of the Republican governor and the GOP-dominated Legislature.
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.
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.
Florida Justices Appear Skeptical in Challenge to Open-Carry Ban, Deferring to Legislature
Justices Barbara Pariente and Peggy Quince questioned how the current state law allowing citizens to receive concealed-weapons licenses to carry firearms suppresses gun ownership.
Florida Supreme Court Rules That City Utility’s Service Area Trumps Some County Authority
While the case involved a local dispute on the Treasure Coast, it drew attention from counties and utilities across the state, which is carved into territories and includes myriad local franchise agreements.
License for Probable Cause: Justices Rule You May Be Pulled Over For Any Visible Tag Issue
Florida Justices, in a 5-2 decision, rejected an appeal from a driver stopped by Orlando police because a tag light and wires were hanging over the license plate on a vehicle he was driving.
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.
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.
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.
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.”
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.”
Florida Supreme Court Deals Another Blow to Tobacco Industry, Rejecting Disease Defense
Justices, in a 5-2 ruling Thursday, rejected R.J. Reynolds Tobacco Co.’s arguments in a Broward County case stemming from the 2002 death of George Ciccone, who started smoking as a child.
Chief Justice Jorge Labarga Will Serve Second Successive Term, a First Since 1865
Chief justices preside over the Supreme Court and, more broadly, head the state’s judicial branch. In the broader role, Labarga has focused on taking steps to try to expand access to legal services for low-income people, creating a commission to work on the issue.
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.
Term Limits for Supreme Court and Appellate Judges? Measure Moving Closer to Ballot
Under the proposal, members of the Supreme Court and district courts of appeal would be limited to two full six-year terms. Judges currently have to retire in the election cycle after they turn 70 years old.
Leander Shaw, Florida’s First Black Chief Justice, Is Dead at 85
Bob Graham appointed Shaw to the Supreme Court in 1983. He was a staunch opponent of the electric chair and authored a 1989 decision striking down minors’ permission from parents before getting an abortion.
Supreme Court Approves Congressional Districts; Flagler’s Stays Whole, Inching Left
The congressional district the Supreme Court approves keeps Flagler County whole, shedding Putnam and moving it south to take in more of Volusia County, which will help Democrats slightly.
Angry With Liberal Court, Florida Lawmakers Propose Judicial Term Limits
The proposal comes after years of rising anger in the Legislature at members of the Supreme Court. With its more-liberal majority, the state’s highest court has emerged as the only major hurdle in Tallahassee to Republicans’ conservative agenda.
Supreme Court Weighs Solar Power Measure Big Utilities Want Unplugged From 2016 Ballot
The Floridians for Solar Choice constitutional amendment, in part, would allow businesses to generate and sell up to two megawatts of power to customers on the same or neighboring properties.
GOP Opens Special Session With Complaints That Fair Districts Infringe on Free Speech
Senators scolded the Florida Supreme Court for trampling on their First Amendment rights as lawmakers began a special session Monday aimed at redrawing congressional districts the court said were gerrymandered to help the Republican Party.
Florida Supreme Court Refuses to Lift Stay on Execution of Jerry Correll, Who Contested Lethal Injection
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.
Bad Judges: Florida Supreme Court Seeks to Rein in Rogues and Hotheads
The number of judges facing sanctions in Florida jumped last year, and the high court is more often seeking harsher penalties than those originally proposed by the state Judicial Qualifications Commission.
Supreme Court Declares House Ploy Unconstitutional as Rep. Gaetz’s Racist Tweet Draws Apologies
The Florida Supreme Court ruling concluded it was too late to reconvene the session, essentially ending it, and the lawsuit that prompted the ruling. Rep. Matt Gaetz described in racist terms the lawsuit filed by Democratic senators that led to the court’s action, though the suit itself was dismissed.