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sixth amendment

‘Marsy’s Law’ Protections for Crime Victims Sound Great, but Could Cause Problems

October 13, 2018 | FlaglerLive | 4 Comments

The purple bag that often accompanies the victim's advocate in Flagler County court. The bag contains tissue paper and comfort items for victims who sit through their assailant's trials or hearings. (© FlaglerLive)

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.

3 Flagler Death Sentences Among More Than 200 Invalidated By Florida Supreme Court

December 22, 2016 | FlaglerLive | 5 Comments

william gregory murders

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

April 24, 2016 | FlaglerLive | 7 Comments

public defenders overworked underpaid

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 Supreme Court Halts Executions Indefinitely; 389 Death Row Inmates In Limbo

February 2, 2016 | FlaglerLive | 7 Comments

van death row inmates

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

January 28, 2016 | FlaglerLive | 4 Comments

florida majority death penalty

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.

U.S. Supreme Court Declares Florida’s Death Penalty Scheme Unconstitutional

January 12, 2016 | FlaglerLive | 7 Comments

florida death penalty unconstitutional capital punishment

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.

When Good Lawyers Defend Bad Men

August 5, 2012 | FlaglerLive | 16 Comments

Clarence Darrow defended his share of nasty, brutish and shameless murderers. But he didn't run for Flagler County judge.

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.

Florida’s Death Penalty Ruled Unconstitutional

June 22, 2011 | FlaglerLive | 4 Comments

Judge Jose Martinez, a George W. Bush appointee, relied on a 2002 U.S. Supreme Court decision barring judges from interpreting “aggravating factors” independent of juries’ explicit findings.

Ring v. Arizona 536 US 584 (2002): Capital Punishment and Sixth Amendment Law

June 22, 2011 | FlaglerLive | Leave a Comment

In Ring v. Arizona, Arizona’s capital sentencing system was found to violate the Sixth Amendment’s guarantee of a trail by jury by shifting the imposition of the death sentence to a judge.

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