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Thread: Florida Capital Punishment News

  1. #391
    Senior Member CnCP Legend JLR's Avatar
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    In the vast majority of the remaining cases, the prosecution either didn't appeal the relief (like Jackson) or the Florida Supreme court had already ruled on it ( like Okafor). This means that the decisions are final. All of them will now get new penalty phases. There may be a couple cases where relief hadn't been granted yet or the prosecution were still appealing ( like Poole) but not many.

    There is no cure. If the legislature tried to revert the law back to a non unanimous vote, the inmates would still be entitled to resentencing hearings and the current law requiring a unanimous verdict would still very likely apply to them

  2. #392
    Senior Member CnCP Legend Neil's Avatar
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    Yet another state with another mental illness bill

    https://www.flsenate.gov/Session/Bil...ab=BillHistory

  3. #393
    Senior Member CnCP Legend Mike's Avatar
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    An unknown number of DR inmates received COVID stimulus payments.

    https://www.wtsp.com/video/news/inve...8-8c3f08d2ce61

    Michael King for instance received $3200 in stimulus funds.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #394
    Senior Member CnCP Legend Mike's Avatar
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    Florida Republicans want people involved with state executions exempt from public records

    Personal identifying information of people involved in carrying out executions in Florida would be shielded from the public under proposals filed in the House and Senate on Wednesday.

    The measures (HB 873 and SB 1204) would provide a public-records exemption for information that could “identify or could reasonably lead to the identification of any person or entity” involved in an execution.

    The bills were filed for consideration in the 2022 legislative session, which begins Jan. 11.

    The measures, sponsored by Rep. Patt Maney, R-Shalimar, and Sen. Doug Broxson, R-Gulf Breeze, would provide broad protection that aims to shield people or entities involved in any step of the execution process.

    The proposals call for concealing records of anyone involved in “administering, compounding, dispensing, distributing, maintaining, manufacturing, ordering, preparing, prescribing, providing, purchasing, or supplying drugs, chemicals, supplies, or equipment necessary” to conduct an execution.

    The records exemption would be applied retroactively.

    The proposals say that “it is a public necessity that information or records that identify or could reasonably lead to the identification of those persons or entities that participate in an execution be made confidential and exempt” from Florida’s broad open-records laws.

    “The disclosure of information or records that identify or that could reasonably lead to the identification of those persons or entities that participate in an execution could jeopardize the safety of such persons or entities by exposing them to potential harassment, intimidation, or harm and could also thwart the ability of the Department of Corrections to obtain the necessary personnel, drugs, chemicals, supplies, or equipment needed to carry out executions,” the measures say.

    https://www.cltampa.com/news/florida...cords-12516642
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #395
    Senior Member Frequent Poster Ted's Avatar
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    Quote Originally Posted by Wilso View Post
    … because DeSantis is severely lacking in that department.
    Let’s be honest, DeSantis is more intent on advancing his “culture war” by flexing his powers to bully queer people and advancing general media shenanigans than he is on doing his job. We been knew.
    Violence and death seem to be the only answers that some people understand.

  6. #396
    Senior Member CnCP Legend Mike's Avatar
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    His whole Governorship has just been a vehicle for him running for president in 2024. It's gross.

    His ideology seems to be grifter at this rate. He isn't right wing that's what I know.
    Last edited by Mike; 12-09-2021 at 06:14 PM.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #397
    Moderator Bobsicles's Avatar
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    By Florida Law, The Florida Attorney General can request an execution date be set by the Florida Supreme Court, but only if the Governor fails to set a new date within 10 days of a stay being lifted. That means that the FSC can issue a death warrant for James Dailey and any other inmate who was issued a stay that was later lifted.

    As for DeSantis himself, I emailed him a couple weeks ago asking him to set a date for Jennings but he has yet to respond back
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  8. #398
    Moderator Ryan's Avatar
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    @Bob, do not hold your breath!
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  9. #399
    Moderator Bobsicles's Avatar
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    Oh don’t worry Ryan. I don’t fully trust them after they upheld Hurst.

    Edit: If you’re referring to DeSantis, I’m not holding my breath there either.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #400
    Moderator Bobsicles's Avatar
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    Death row inmate proposal sparks opposition

    By Jim Saunders
    News Service of Florida

    TALLAHASSEE, Fla. — The Florida Supreme Court is considering a proposal that would allow Death Row inmates to represent themselves in certain court proceedings, an idea that has drawn opposition from defense attorneys, prosecutors and mental-health advocacy groups.

    Justices last week scheduled a Feb. 10 hearing on the proposal, which centers on circuit-court proceedings that take place after defendants have been convicted and sentenced to death. The “post-conviction” proceedings often involve issues such as whether defendants received adequate legal representation in their trials or whether newly discovered evidence could clear them.

    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.

    “Florida law does not protect capital defendants with serious mental illness from execution despite significant obstacles to their ability to fully participate in capital proceedings,” said a document filed in August by the Florida Mental Health Advocacy Coalition. “This problem is heightened in capital post-conviction, a particularly complicated part of the capital process, even for the most experienced lawyers. It is also the final opportunity for a capital defendant to prove to a court that they should not be killed. The proposed amendments ignore this reality and must be rejected.”

    Five state attorneys filed comments in September opposing the proposed change. Miami-Dade County State Attorney Katherine Fernandez Rundle, for example, wrote that it is unlikely defendants “could competently represent themselves in a capital post-conviction setting” — a view echoed by the Florida Association of Criminal Defense Lawyers.

    “A defendant sentenced to death who wants to proceed pro se (representing themself) cannot be expected to have the education and legal expertise that this (Supreme) Court requires of an attorney who would represent that defendant,” the defense lawyers group wrote in October. “A large portion of inmates on Florida’s Death Row also suffer from mental health disorders, adding to the complication related to self-representation.”

    The proposal does not detail why the Supreme Court is considering the change. But in 2014, when the Supreme Court adopted a rule that included preventing Death Row inmates from representing themselves in such proceedings, Justices Charles Canady and Ricky Polston dissented from that part of the rule.

    Canady, now the chief justice, wrote in a brief dissent that he did not support “prohibiting defendants in capital post-conviction proceedings from representing themselves.”

    The Supreme Court has undergone a major ideological shift to the right during the past three years, after Republican Gov. Ron DeSantis was able to replace longtime Justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who were required to retire in January 2019.

    Pariente, Lewis and Quince helped make up a generally liberal majority, and the conservative Canady-led court has shown a willingness to revisit death-penalty legal precedents.

    Criminal defendants generally have a right to represent themselves in court, but that right has not been extended to the post-conviction proceedings in death-penalty cases. The proposed change would involve amending a rule of procedure for the courts system.

    Attorney General Ashley Moody’s office, which handles large amounts of death-penalty litigation, has not submitted a filing to the Supreme Court taking a position on the proposed change.

    The Florida Department of Corrections also has not taken a position, but it submitted comments in August that said the “proposed changes would entail significant logistical and security challenges for FDC (the department) in pro se proceedings.”

    “An inmate proceeding pro se in capital post-conviction litigation might require additional resources, as well as additional access to law library materials beyond what is contemplated in (the Florida Administrative Code),” the department said in the filing. “Documents are commonly provided to defense counsel in electronic format, which would require increased technology access for a pro se inmate to review. For example, (the Florida Administrative Code) governs inmate property and for security reasons does not contemplate allowing inmates to possess disks, memory cards or other electronic storage media. Storage of files and legal materials by inmates is limited in quantity and might be found to be insufficient for the needs of a pro se capital post-conviction litigant.”

    https://cbs12.com/amp/news/local/dea...rks-opposition
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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