The Florida Supreme Court on Monday declined to hear an appeal on a red-light camera case with a direct bearing on Palm Coast’s traffic-enforcement program. Five justices concurred in turning down the appeal, without explanation, as is customary when the court turns down a case.
florida supreme court
Yes, It’s Retroactive: Florida Supreme Court Rules All Lifers Sentenced as Juveniles Must Be Resentenced
The justices ordered lower Florida courts to apply a 2014 law to inmates who, as juveniles, were sentenced in the past either to life in prison or to terms that would have effectively kept them behind bars until they die. Two of the inmates were convicted of murder.
Will U.S. Supreme Court Rule Florida’s Cavalier Death Penalty Unconstitutional?
In 27 of the 31 death penalty states, the jury’s decision to impose life imprisonment is final and may not be disturbed by the trial judge under any circumstances. But not in Florida.
Florida Justices Halt Execution Until U.S. Supreme Court Rules on Lethal Injection
Saying it must “err on the side of extreme caution” or risk threatening the “viability of Florida’s entire death penalty scheme,” the Florida Supreme Court on Tuesday halted the Feb. 26 execution of a convicted killer until the U.S. Supreme Court rules on a lethal injection drug.
What’s the Definition of Sexual Intercourse? Florida Supreme Court Justices Will Decide.
The question stems from charges filed in 2011 against Gary Debaun under a law that requires HIV-infected people to inform potential sexual partners about the disease before having sexual intercourse. Debaun was accused of not providing the information to a male sexual partner.
Should Brandishing a Gun at Someone Who Cuts You Off in Traffic Be Considered Self-Defense?
The Florida Supreme Court is considering a “stand your ground” case in which a man was charged with aggravated assault after brandishing a gun at a trucker during a confrontation on a state highway.
Cruel and Unusual: 2 Inmates Who Murdered as Juveniles Challenge Their Life Sentences
Two inmates serving life in prison for murders committed as juveniles are challenging their sentences based on a 2012 US Supreme Court ruling that bans mandatory life sentences for juveniles.
Supreme Court Removes Leon County Judge For Running Religious Business Out of Her Chambers
Leon County Judge Judith Hawkins was running a business called Gaza Road Ministries, used a judicial assistant and sold her own books to attorneys who appeared before her.
Briefing: Amendment 3 Would Give Governor Power to Make Midnight Appointments to Florida’s Courts
A low-profile ballot proposal that supporters say would avert a constitutional crisis but opponents say is nothing more than thinly-veiled partisan power grab is headed to voters in November, possibly with the future of the Florida Supreme Court at stake.
Florida Supreme Court Rejects Cell-Phone Tracking by Police, Citing Privacy Rights
Justices, in a 5-2 decision, sided with a man who was arrested in 2007 in Broward County after a search of his vehicle uncovered a kilogram brick of cocaine hidden in a spare-tire well. Police tracked the man, Shawn Alvin Tracey, through location information given off when cell-phone calls are made.
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.
Supreme Court Rebuffs Consumer Advocate Challenge of FPL’s $350 Million Rate Hike
The state Office of Public Counsel, which represents consumers in utility issues, fought the rate increases that stemmed from a deal reached by FPL and some major power users. The Florida Public Service Commission approved a $350 million base-rate increase, along with plans for additional increases tied to three new power plants.
Can Felons, Barred From Carrying Weapons, Still Claim Stand Your Ground? Court Will Decide.
The Florida Supreme Court will consider whether convicted felons have the right to claim immunity under the state’s controversial “stand your ground” self-defense law, even if they are barred from possessing guns in the first place.
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.
Palm Coast On Red-Light Camera
Ticket Refunds: Don’t Hold Your Breath
While the Palm Coast City Council took no responsibility for instituting a red-light camera program the Supreme Court declared illegal, the city attorney laid out arguments that could keep the city from reimbursing $1.2 million in illegally levied fines before July 2010. But the city is taking a wait-and-see attitude.
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.
In a Stinging Defeat for Palm Coast Government, Supreme Court Rules Pre-2010 Red-Light Cameras Illegal
Palm Coast is on the hook for $1.19 million in fines it illegally imposed on drivers between 2007 and 2010, when it ran 10 red-light cameras outside state law. The Florida Supreme Court ruled 5-2 today that such schemes were not permissible. Palm Coast was sued but refused to settle, as did American Traffic Solutions, its contractor. So the city may now have to pay up.
Firefighters Hurt on the Job: Florida Justices Will Decide Legality of 2-Year Limit on Benefit
A firefighter who was severely injured on the job got two years of total disability, but was denied more when he applied. His attorneys argue that the two-year limit on temporary benefits is unconstitutional.
Senate Approves Proposed Constitutional Amendment Giving Scott Court-Packing Power
The proposal, passed by the Senate in a 26-14 vote, would give the next governor the ability to pack the courts and is intended to give incumbent Gov. Rick Scott, who is seeking re-election, the ability to reshape the Florida Supreme Court.
Florida Supreme Court Orders Review of Lethal Injection Cocktail Ahead of Feb. 26 Execution
Before the scheduled execution of inmate Paul Augustus Howell on Feb. 26, Justices have ordered a circuit court to hold an evidentiary hearing on whether substitution of the drug midazolam violates the constitutional protections against cruel and unusual punishment by the government.
Supreme Court Clears Medical Marijuana Pot Proposal; Floridians Vote On It November 4
In a significant victory for advocates of the initiative, a divided Florida Supreme Court on Monday ruled 4-3 that the wording of the proposed constitutional amendment to legalize medical marijuana passes legal muster and can now appear on the November election ballot, giving Floridians a direct say. Polls have shown a 3-to-1 majority of Floridians favoring legalization.
Double-Murder Charge Dropped as Stand Your Ground May Head for Supreme Court Review
The 3rd District Court of Appeals ruling Thursday overturned a lower court’s second-degree murder conviction of Gabriel Mobley outside a Chili’s restaurant in Opa-Locka, and could once again put Florida’s first-in-the nation “stand your ground” law and its meaning before the Florida Supreme Court.
Pam Bondi’s Pot Problem
It’s a matter of time before marijuana is legalized, for medical uses or not, even in Florida. But Attorney General Pam Bondi is doing her best to preserve a prohibition that relies on disinformation to benefit cops and jails at the expense of greater safety, less crime and more compassion, were marijuana to be legalized.
Florida Supreme Court Stays Execution, Raising Questions About Cruelty of Lethal Injection Cocktail
A 5-2 Florida Supreme Court vote put the execution of convicted murderer Askari Abdullah Muhammad on hold Monday to consider claims that the three-drug cocktail used to put inmates to death could cause unnecessary suffering.
As High Court Takes On Medical Marijuana Proposal in Florida, Politics Muddy Merits
The Florida Supreme Court will try to sort through the conflicting arguments between Attorney General Pam Bondi, who opposes legalization, and proponents of the measure. The court hearing is scheduled for Dec. 5, a key step in deciding whether voters will get to have their say next fall.
In Divided Ruling, Florida Supreme Court Expands Parental Rights to Lesbians
Siding with a woman who sought parental rights after separating from her lesbian partner, a divided Florida Supreme Court found Thursday that state laws about assisted-reproductive technology are unconstitutional in such cases involving same-sex couples.
Justices Skeptical of Red-Light Cameras as Supreme Court Hears Case Affecting Palm Coast
With one insistent exception, Florida Supreme Court justices on Thursday strongly questioned the legality of city ordinances that permitted red-light traffic cameras that spread around Florida before 2010, when the state standardized those systems. Cities like Palm Coast may have to refund fines should the court rule against the local ordinances.
Palm Coast Getting Fleeced of Red-Light Camera Dollars, Harming Local Economy
In September, the 43 red-light cameras in Palm Coast generated $255,740 in fines, what would work out to an annual total of $3 million. The state and ATS, the private company running the system, took more than seven times the revenue share left Palm Coast, which means that the overwhelming majority of the money is leaving the local economy.
Dispute Over Possibly Improper Rate Hikes Pits FPL’s 1% Against 99% of Customers
The state Supreme Court took up a challenge Thursday to hundreds of millions of dollars in rate increases approved last year for Florida Power & Light ij an agreement one Justice said reflected the wishes of 1 percent of commercial users against the wishes of 99 percent of FPL’s remaining customers.
Florida Supreme Court’s New Term: Death Penalty, Utility Rates, Red-Light Cameras
The court faces high-profile cases that deal with issues such as medical malpractice, red-light cameras, utility rates and the death penalty. In some of the cases, justices have already heard arguments and could rule any week. In others, the cases still are percolating and have not gone to arguments.
Supreme Court to Hear Red-Light Camera Challenge in Case That Will Affect Palm Coast
The $1.7 million Palm Cast reaped in red-light camera fines between 2008 and 2010 may be at stake if the Florida Supreme Court rules such systems illegal after it hears the much-anticipated case on Oct. 8, with ramifications for numerous cities and counties across the state.
Florida Supreme Court Green-Lights Trial Challenging Fairness of GOP Redistricting
The 5-2 ruling, which fell along common ideological lines on the court, allows a coalition of voting-rights groups to continue trying to prove that the Senate maps drawn in 2012 violate the anti-gerrymandering “Fair Districts” standards added to the Florida Constitution two years earlier.
It Ain’t Texas: Florida Supreme Court Reverses Two Death Sentences, Citing Mental Issues
In two separate decisions that illustrate the fallibility of death sentences, the Florida Supreme Court this week overturned the death sentences of Michael Shellito, 37, and Ralston Davis, 28, ruling in both cases that the murderers’ mental state at the time of the killings should have played a larger role in theirs sentences.
Florida Supreme Court Again Hammers Insurance Industry in Three Rulings
Florida Supreme Court justices ruled against insurance companies and in favor of policyholders and medical providers. The cases divided the court and, ultimately, all had financial implications for insurers and the other parties.
Florida Supreme Court Rules Against Geico Auto Insurer in Unusual Victory for Consumers
In a blow to the insurance industry, the Florida Supreme Court on Thursday ruled 5-2 that Geico could not require a woman to give a statement under oath as a condition of receiving injury benefits after an auto accident.
Public Employees Lose as Florida Supreme Court Upholds 3% Pension Dip
Last Updated: 12:55 p.m. The Florida Supreme Court, in a much-anticipated but very divided 4-3 ruling, today sided with the Legislature, and against public employees, by upholding a 2011 law that requires all public employees to contribute 3 percent of their pay to the Florida Retirement System, a pension fund. In a majority opinion by […]
Red-Light Cameras’ Legality and Other Florida Supreme Court Cases to Watch in 2013
Leaving behind months of political turbulence, the Florida Supreme Court in 2013 could decide a series of high-profile cases dealing with issues such as Palm Coast’s red-light cameras, the state pension system and medical-malpractice lawsuits.
Florida Now Has a $437 Million Budget Surplus, But 3% Pension Decision Looms
A decision in the case challenging a 2011 law that required employees to contribute 3 percent of their income to their retirement funds could cost the state around $2 billion if the Supreme Court strikes down the law.
For FPL Customers, Bills $20 Higher in 2013 for Nuke-Plant Construction That May Never Happen
Flagler County customers of FPL will pay an additional $1.69 a month, or $20 for the year in 2013, for nuclear-plant construction slated for the distant future, and that may never take place. It’s the third year in a row that customers are paying those up-front costs.
Three Florida Supreme Court Justices Fire Back at Attempted Conservative Putsch
Justices R. Fred Lewis, Barbara Pariente and Peggy Quince pushed back against a campaign to push them off the bench that has spread from a conservative grass-roots uprising to a denouncing of the three by the Republican Party of Florida. The justices spoke to an audience at the FSU College of Law comprised mostly of students.
Should You Keep Paying FPL and PEF For Nukes Plants that May Never Be Built?
The up-front nuclear costs for plant construction have become highly controversial, at least in part because there is no guarantee that FPL and Progress will build the planned reactors and because projected costs have risen to over $40 billion for four reactors. The Supreme Court will decide the matter.
For Florida Justices, Two Lesbian Mothers, One Child, and a Question of Parenthood
The case pits two former lesbian partners, one of whom provided an egg that was fertilized and implanted in the other woman, who later gave birth. After the relationship ended, the woman who gave birth blocked her former partner from having parental rights.
Jose Godinez-Samperio, Undocumented Immigrant and Lawyer, Falters at Florida Court
A skeptical Florida Supreme Court on Tuesday said it may be powerless to let Jose Godinez-Samperio, an undocumented immigrant, practice law in the state despite recent moves by the Obama administration to allow immigrants brought to the country as children pathway to permanent status in the United States.
Amendment 5 and the Battle to Remake, And Subdue, the Florida Supreme Court
Amendment 5 would subject all Supreme Court nominations to confirmation by the Florida Senate and lower the bar for the Legislature to overturn court rules and would give lawmakers access to the records of judicial investigations.
Conservative Koch Brothers Enter Florida Supreme Court Fray
Americans for Prosperity, a conservative group financially backed by billionaires Charles and David Koch, is slated to release a series of ads aimed at recalling liberal Justices Fred Lewis, Barbara Pariente and Peggy Quince from the state’s highest court.
Florida Republican Party Wades Into Supreme Court Fight as Justices Curtail Fund-Raising
The Republican Party of Florida issued a statement saying the GOP opposes three justices who form the backbone of the court’s left-of-center majority–R. Fred Lewis, Barbara Pariente and Peggy Quince. The justices slashed their fund-raising activities according to the latest filings.
Warning of “Scary Things” in Coming Election, County Attorney Hadeed Urges Voter Education
In a surprisingly candid talk framed around the 225th anniversary of the Constitution, Flagler County Attorney Al Hadeed warned of the potentially corrupting influence of money in Florida’s judicial elections, and of the Legislature’s loading of the November ballot with 11 purposefully long and confusing constitutional amendments, a spiteful snub of the Supreme Court.
3 Liberal Florida Justices Battle Conservative Foundation’s Plan to Depose Them
Justices R. Fred Lewis, Barbara Pariente and Peggy Quince filed a court motion to block the conservative Southeastern Legal Foundation from moving forward with 22 depositions in a merit-retention case. The foundation is targeting the justices for their liberalism.
Florida’s High Court Affirms Guilty Until Proven Innocent Standard in Drug Possessions
In not requiring “knowledge” of the illegality of whatever they were carrying, the law puts Florida at odds with at least 48 other states that require prosecutors to convince a jury that defendants knew they were carrying illegal drugs.
Conservatives Press Attack as Florida’s Liberal Justices Are Cleared of Campaign Wrongdoing
An investigation into the filing of qualifying papers for Florida Supreme Court Justices Fred Lewis, Barbara Pariente and Peggy Quince has been closed, but the controversy about the trio’s place on this fall’s ballot is likely to continue.