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Thread: Jacob John Dougan, Jr. - Florida

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    Jacob John Dougan, Jr. - Florida




    Summary of Offense:

    On the evening of June 17, 1974, in Jacksonville, Dougan, along with four accomplices, armed with a .22 caliber pistol and a knife, set out to kill a white person, whom they termed “devils.” While driving to Jacksonville Beach, the men picked up a hitchhiker named Stephen Orlando and drove him to an isolated trash dump. After arriving, the men ordered Orlando out of the car, threw him to the ground, and one of the accomplices began stabbing him with the knife. Dougan put his foot on the head of Orlando and fired two shots to his head, one striking Orlando in the cheek and the other in the ear – killing him instantly.

    A note was attached to the body of Orlando, which read as follows: “Warning to the oppressive state. No longer will your atrocities and brutalizing of black people be unpunished. The black man is no longer asleep. The revolution has begun and the oppressed will be victorious. The revolution will end when we are free. The Black Revolutionary Army. All power to the people.”

    In addition to the note, the offenders recorded a number of audio tapes concerning the murder and sent them to the victim’s mother, as well as local media outlets

    Dougan was resentenced to death for the third time in Duval County on December 4, 1987.

  2. #2
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    Factors Contributing to the Delay in Imposition of Sentence:

    The delay is due to the sentence being overturned multiple times by the Florida Supreme Court and the multiple hearings and re-hearings that have resulted (four Direct Appeals). In addition, Dougan has filed two Habeas appeals with the Florida Supreme Court and four Petitions for Certiorari with the U.S. Supreme Court, all of which have been denied.

    One particular source of the delay is the four years taken to decide Dougan’s Direct Appeal after resentencing (01/04/88 – 05/01/92).

    Another source of delay is that Dougan’s 3.850 Motion was pending from 1994-2007. The most recent delay was due to the sitting judge, Judge Olliff, having a stroke which forced him to recuse himself from the case. Judge Arnold was appointed in 2001, but recused himself in 2002. Judge Day was appointed in 2002, but recused himself in 2006. Judge McCaulie was appointed in 2006, but recused himself later in 2006. Judge Johnson was appointed in 2006 and denied the 3.850 Motion in 2007.

    Case Information:

    Dougan filed a Direct Appeal with the Florida Supreme Court on 04/23/75, claiming the trial court erred in deciding the venue of the trial and that he was denied a fair and impartial trial because the prosecutor failed to reveal complete details of a plea bargain agreement with a witness (an accomplice) in exchange for his testimony. The Florida Supreme Court upheld the conviction and sentence of death on 03/17/77.

    Dougan filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/29/77 and was denied this Petition on 10/10/78.

    Subsequent to the U.S. Supreme Court’s ruling in Gardner v. Florida, the Florida Supreme Court took the petition for Gardner Relief to ensure that the sentencing procedure in this case satisfied the Due Process clause of the U.S. Constitution. The Gardner petition was based on the fact that the defense did not have sufficient opportunity to rebut information contained in the presentence investigation report, which was used as evidence of aggravating factors in the sentencing phase of the trial. On 09/07/78, the petition was granted, with the sentence vacated and the proceeding remanded to the trial court for resentencing.

    Dougan was resentenced to death on 10/25/79.

    Dougan filed his second Direct Appeal with the Florida Supreme Court on 11/21/79. Dougan argued that he was prejudiced by the trial court’s early consideration of a presentence investigation report, which defense counsel had no opportunity to rebut. On 04/09/81, the Florida Supreme Court again affirmed the sentence of death.

    Dougan filed another Petition for Writ of Certiorari with the United States Supreme Court on 07/06/81, and this Petition was denied on 10/05/81.

    Dougan filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/01/82, citing ineffective assistance of counsel due to conflict of interest and failure to raise meritorious legal claims. The court ruled that conflict of interest did exist, since the same counsel represented both Dougan and another conspirator in the same direct appeal to the FSC. On 04/05/84, the court granted the Petition and ordered another Direct Appeal be filed with separate counsel.

    Dougan’s third Direct Appeal with the Florida Supreme Court was filed on 04/05/84, citing the following issues: improper search and seizure, victim’s stepfather identifying the victim at trial, errors in jury instruction regarding felony murder, exclusion of relevant defense evidence at trial, and exclusion of death-scrupled prospective jurors. The court found that during the sentencing phase of the trial, the state did not prove beyond a reasonable doubt all aspects of all the aggravating circumstances. The court again vacated Dougan’s death sentence and remanded it for a new sentencing hearing with a new jury.

    Dougan again filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/11/85 and was denied this Petition on 03/31/86.
    Dougan was resentenced to death on 12/04/87. The jury recommended a death sentence by a vote of 9-3.

    Dougan filed a fourth Direct Appeal with the Florida Supreme Court on 01/04/88, citing the following issues: race-biased use of peremptory challenges during jury selection, inability of the jury to recommend life imprisonment regardless of its findings as to aggravating and mitigating circumstances, errors in instructing the jury as to mitigating circumstances, and disproportionality of the death sentence. On 04/01/92, the FSC affirmed the death sentence for Dougan.

    Dougan filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/21/92, and this Petition was denied on 10/19/92.

    Dougan filed a second Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/23/94, arguing that the jury was given inadequate instruction and weighed an invalid aggravating factor. The court found this error to be harmless and denied the Petition on 09/08/94.

    Dougan filed a 3.850 Motion in the circuit court on 10/17/94 that was amended on 09/06/02 and was denied on 06/22/07. Dougan filed a Petition for Writ of Mandamus in the circuit court on 10/20/09 that is pending.

  3. #3
    Administrator Moh's Avatar
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    Man convicted of racial murder 38 years ago in Jacksonville getting new trial

    By Larry Hannan
    The Florida Times-Union

    The man convicted of one of the most notorious killings in Jacksonville history may soon get off Death Row and get a new trial. It has been 38 years since he was found guilty in a murder that prosecutors said was designed to start a race war.

    Jacob John Dougan, 66, had his conviction and sentence thrown out earlier this year by Circuit Judge Jean Johnson in the death of 18-year-old Stephen Orlando in 1974.

    Johnson’s 239-page ruling found that Dougan’s original trial attorney, Ernest Jackson, had a conflict of interest because he was cheating on his wife with Dougan’s sister, Thelma Turner, at the time of the trial. Jackson later left his wife and married Turner.

    The judge also found that the prosecutors hid evidence of a deal they had with another defendant in the case, William Lee Hearn, who testified against Dougan.

    Orlando’s mother, Marian Mallory, told the Times-Union she plans to be in court every day if Dougan goes to trial again. But her view of the government has changed radically over the years.

    “Back then I had faith in the system,” Mallory said. “Now that faith is gone.”

    State Attorney Angela Corey and Florida Attorney General Pam Bondi are appealing Johnson’s ruling to the Florida Supreme Court. But if the Supreme Court upholds the ruling, prosecutors will have to figure out how to prosecute Dougan four decades after Orlando’s death.

    That will be very hard to do, said George “Bob” Dekle, former prosecutor of serial killer Ted Bundy and now a law school professor at the University of Florida,

    “People die, memories get fogged, evidence is lost,” he said. “It’s very difficult to put everything back together so long after the original case.”

    Assistant State Attorney Stephen Siegel said his office would not comment on the particulars of the case.

    “As the matter is now on appeal I do not believe it would be appropriate to comment beyond saying that while the state respects the court’s order, the state is seeking review of various appellate issues arising out of this difficult and complicated post-conviction relief proceeding,” Siegel said.

    JoAnn Orlando, Stephen Orlando’s sister, is succinct about how she would react to Dougan going on trial again after all these years.

    “That depends on the result,” she said. “But our family still hopes to see him executed.”

    A DIFFERENT TIME

    There are 403 people on Death Row right now in Florida. While five people have technically been awaiting death longer than Dougan, the June 1974 murder of Orlando happened before any of the other crimes.

    Dougan and a handful of accomplices who called themselves the “Black Liberation Army” went out to kill a white person to protest racial inequality in the Jacksonville area. Orlando had been hitchhiking home from his job because his car wasn’t working when he was picked up by the group.

    His body was found on a dirt road at a trash dump in St. Johns County that is now part of Marsh Landing Country Club. The Jacksonville Beach 18-year-old was stabbed 12 times in the chest, stomach and back, and then Dougan placed his foot on Orlando’s neck and fired two bullets into his head.

    Dougan and his followers also sent tape recordings to Mallory and media outlets describing how Orlando begged for his life.

    “You should be proud your son was the first to die for our black cause,” the tape to the mother said, according to news reports at the time.

    The viciousness and cruelty of those tapes show that Dougan is a remorseless killer who deserves to die, Mallory said.

    “He bragged about killing my son and said I should be proud,” she said. “What type of animal does that?”

    Four days after Orlando’s body was found, the body of Stephen Lamont Roberts, 17, was found shot and stabbed numerous times behind a Seventh Street industrial plant in Springfield. Dougan was never tried in the case after he got the death penalty for Orlando’s death.

    During his trial, Dougan testified that he had not participated in killing Orlando but admitted making the tape recordings. He said he was trying to spotlight the racial inequality that existed in Jacksonville.

    Circuit Judge R. Hudson Olliff sentenced him to death.

    Jacksonville historian James Crooks said the trial occurred during a tense time in Jacksonville history.

    National stories on the Black Panthers and other racial unrest scared the white majority in Jacksonville, and people were afraid about what might happen next.

    “When this happened it confirmed a lot of fears that white people had,” Crooks said. “There was a strong desire to find this person and get them off the streets.”

    The question of why this happened wasn’t important to most people, even though Dougan had come from a prominent African-American family and hadn’t been seen as a troublemaker before this happened.

    “To this day we really don’t understand why this happened,” Crooks said. “And the odds are we’ll never understand it.”

    Through his attorney, Dougan declined to be interviewed.

    The Florida Supreme Court threw out Dougan’s death sentence twice, in 1978 and 1984, and ordered him resentenced.

    The sentence was overturned in 1978 because Dougan hadn’t had a chance to review his pre-sentencing report. In 1984 justices said the state was wrong to tell the original jury about the Roberts murder when Dougan wasn’t on trial for that crime.

    Olliff put him back on Death Row both times, at one point comparing Dougan’s plan to kill white people with Adolf Hitler’s plan to exterminate all Jews in Europe.

    A VERDICT SET ASIDE

    In her ruling setting aside the conviction, Johnson appeared to be especially troubled with the role that co-defendant Hearn played in the 1975 trial. Five people were convicted of the crime: Dougan, Hearn, Dwyne Crittendon, Elwood Clark Barclay and Brad Evans.

    Barclay’s death sentence was thrown out on appeal and he was resentenced to life; Crittendon’s presumptive parole date is May 3, 2161; Evans was paroled Oct. 24, 1989, after serving 14 1/2 years of his 199-year sentence.

    But Hearn was allowed to plead guilty to second-degree murder and testified against Dougan and the others at trial. In his motion for a new trial, Dougan’s attorneys argued that the state cut a deal with Hearn where he was promised minimal incarceration time in exchange for his testimony.

    That deal was never revealed to Dougan or his lawyers during the original trial, and the jury also didn’t know about it when they were considering the validity of Hearn’s testimony, said Dougan’s current attorney, Mark Olive.

    Hearn was the only eyewitness to the crime who admitted he was there, and prosecutors acknowledged he was essential to getting convictions against the others.

    While testifying against Dougan, Hearn said he expected prosecutors to try and put him in prison for the rest of his life. He also said the deal he cut with prosecutors was designed to avoid getting the death penalty.

    Hearn could not be reached for comment, but according to court records he was reluctant to testify again during the 1987 resentencing of Dougan.

    During Dougan’s 1975 trial, Assistant State Attorney Aaron Bowden referred to Hearn as a scoundrel and a murderer. State Attorney Ed Austin told the jury that he wished he had a better eyewitness than Hearn, but he said what Hearn testified to was backed up by the physical evidence.

    After Dougan and the other defendants were convicted, Hearn was sentenced to 15 years at the request of prosecutors. During Hearn’s sentencing hearing, Bowden called Hearn a “gentleman who got mixed up with the wrong crowd, and not someone who had a criminal mind.”

    He was paroled in 1979 after serving less than five years. Austin and Bowden both wrote letters supporting Hearn for early parole.

    In her ruling Johnson said there is enough evidence to suggest that Hearn knew he wasn’t getting life and lied to the jury. She also faulted the prosecution for not acknowledging that.

    “The state’s failure to disclose this information may have impacted the jury’s decision in regard to Mr. Hearn’s credibility,” Johnson said in her ruling.

    In a motion asking Johnson to reconsider her decision, prosecutors argued that the real deal was allowing Hearn to plead guilty to second-degree murder, guaranteeing that he would not face the death penalty, and the defense and jury knew about that.

    Bowden could not be reached for comment. Austin died in 2011.

    Rod Sullivan, a professor at Florida Coastal School of Law who has studied the Dougan case, said a potential deal with Hearn was not enough to throw out the conviction.

    “Every reasonable juror understands that a cooperating witness gets a lighter sentence because he is giving testimony in the prosecution of his co-defendants,” Sullivan said. “I think that the error, if there is one, was harmless.”

    AWKWARD CONFLICT OF INTEREST

    Another troubling matter is that soon after Ernest Jackson agreed to defend Dougan, he began having an affair with Thelma Turner, Dougan’s sister.

    In court filings Dougan said he was unaware of the relationship until after he was put on Death Row and would have requested a new lawyer if he’d known about it.

    Olive said the situation created a conflict of interest because Turner was ashamed of her brother, and Jackson tried to shield his lover and her family from public scrutiny rather than defend Dougan. Turner also kept Dougan’s family from testifying during the penalty phase to avoid revealing painful family secrets such as Dougan’s mother being an alcoholic and his father being a philanderer who fathered a child with another woman.

    Those issues could have been used as mitigation to argue that Dougan shouldn’t get the death penalty.

    A conflict also existed because Jackson’s wife, Lougenia Jackson, was his legal secretary. She was assisting her husband on the case of the man whose sister was ruining her marriage. Olive argued that Lougenia Jackson began to despise Dougan and his family as her marriage was breaking up.

    After they were divorced, Lougenia Jackson testified she walked in on her husband and Turner having sex in the office library one night. The two women would later have several physical altercations with each other, and people who worked in the office testified that they often heard Ernest Jackson and his wife having loud arguments about the relationship.

    Other attorneys working in the office also said Ernest Jackson was distracted by the affair and his mind was not on the case. Jackson, who was prominent in the civil rights movement in the 1950s and ’60s, died in 1979.

    Johnson ruled the situation was clearly a conflict of interest for Jackson, and he should not have been defending Dougan.

    WHAT NOW?

    Harry Shorstein, who succeeded Austin as state attorney, said the entire situation is a travesty.

    “If you’re sentenced to death in 1975 and you haven’t been executed in 38 years, something is wrong with the system,” Shorstein said.

    Around 2005 Shorstein sought a deal that would get Dougan off Death Row under the provision that he would be resentenced to life in prison with no chance to ever get out. Some family members of the victims were supportive, while others opposed, and Shorstein said he didn’t feel comfortable cutting a deal without the full backing of the families.

    It’s unlikely Dougan will ever be executed, no matter what happens now, Shorstein said.

    JoAnn Orlando said her father and stepmother supported that deal, but she, her mother and her sister, Wendy Barkoskie, were against it. The father, Everett Orlando, is ill and the family members asked the Times-Union not to contact him for this story.

    While Orlando hopes to see Dougan executed, Barkoskie said she no longer thinks it will happen. But even if he’s never executed, Dougan should remain on Death Row.

    “Three different juries recommended he be sentenced to death,” Barkoskie said, referring to the jury in the original case and juries that recommended death in both resentencing hearings. “I know they’ll never execute him, but it’s another travesty of justice to let him off Death Row.”

    And Dougan is still a threat to her family, and the public, Barkoskie said.

    Olive said his client is still willing to consider an agreement that would bring this issue to a conclusion, but no offers are on the table.

    But JoAnn Orlando said her family continues to suffer from what Dougan did.

    “We have several relatives now that are named after my brother,” Orlando said. “Sometimes I look at them and wonder where Stephen would be now if he’d lived.”

    Would he be a grandparent? What car would he drive? Would he have gone into the Army?

    “Those are questions I’ll never have an answer to,” Orlando said. “And that’s because of what Jacob Dougan did to my family.”

    http://members.jacksonville.com/news...ting-new-trial

  4. #4
    Admiral CnCP Legend JT's Avatar
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    Quote Originally Posted by Moh View Post
    State Attorney Angela Corey and Florida Attorney General Pam Bondi
    If these two are spearheading the appeal then I'd relinquish all hope now.
    "I have adopted the Italian way of life... I may stab you!"
    — Heidi

    "You make the British Lion seem like a declawed, toothless, neutered fat tabby with the mange."
    — Weidmann1939

    "Maybe you think your being clever."
    — Weidmann1939

  5. #5
    Moderator Dave from Florida's Avatar
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    This case is a joke. Three circuit judges recusing themselves from a post conviction hearing and a fourth one vacating the conviction and sentence? That took 13 years? Sounds like poor case management at the circuit court and the Florida Supreme Court. Even if the FSC reinstates it, I don't think Dougan has been in federal court yet. Unbelievable.

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    Moderator MRBAM's Avatar
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    It is absolutely pathetic that what should be justice takes even close to this path.

  7. #7
    Senior Member CnCP Addict johncocacola's Avatar
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    This case is set for oral argument on February 3, 2016 before the FSC.

    http://jweb.flcourts.org/pls/docket/...&psSearchType=

  8. #8
    Administrator Moh's Avatar
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    Florida Supreme Court: Should Jacksonville man who tried to cause race war get a new trial?

    By Larry Hannan
    The Florida Times-Union

    It has been 42 years since 18-year-old Stephen Orlando was found murdered in 1974. But the case against the man authorities say masterminded his death may soon be going back to the beginning.

    Wednesday the Florida Supreme Court heard an appeal from prosecutors who want to keep Jacob Dougan, 68, of Jacksonville on Death Row. Prosecutors said Dougan, who is black, killed the white Orlando man as part of a plot to start a race war.

    Circuit Judge Jean Johnson threw out Dougan’s conviction and death sentence in 2013 after finding that his original trial attorney, Ernest Jackson, had a conflict of interest because he was having an affair with Dougan’s sister, Thelma Turner, during the trial. Jackson later left his wife and married Turner.

    The judge also found that prosecutors Ed Austin and Aaron Bowden hid evidence of a deal they had with another defendant in the case, William Lee Hearn, who testified against Dougan.

    Assistant Attorney General Patrick Delaney argued Wednesday that those claims didn’t matter because the evidence against Dougan was so overwhelming that he would have been convicted and sentenced to death no matter what happened.

    Police said Dougan and accomplices who called themselves the “Black Liberation Army” went out to kill a white person to protest racial inequality in Jacksonville. Orlando had been hitchhiking home because his car wasn’t working when he was picked up by the group.

    His body was found on a dirt road at a trash dump in St. Johns County. The 18-year-old from Jacksonville Beach was stabbed 12 times in the chest, stomach and back, and then Dougan placed his foot on Orlando’s neck and fired two shots into his head.

    Dougan and his followers sent tape recordings to Orlando’s mother and media outlets describing how Orlando begged for his life.

    During his trial, Dougan testified that he had not participated in killing Orlando but admitted making the tape recordings. He said he was trying to spotlight the racial inequality that existed in Jacksonville.

    Multiple witnesses testified that Dougan shot Orlando, his voice was identified on the tape recordings and his handwriting was found on Orlando’s body, Delaney said.

    But defense attorney Mark Olive disagreed and said Hearn was the only person who testified to actually seeing Dougan kill Orlando while the others just testified that Dougan told them he’d committed the murder.

    Hearn testified at Dougan’s 1975 trial and said he’d cut a deal that kept him off Death Row, but he expected to get life in prison. After the trial concluded, Hearn was sentenced to 15 years in prison.

    Bowden referred to Hearn as a scoundrel and a murderer during the trial. Austin told the jury that he wished he had a better eyewitness than Hearn, but he said what Hearn testified to was backed up by the physical evidence.

    But during Hearn’s sentencing hearing, Bowden called Hearn a “gentleman who got mixed up with the wrong crowd and not someone who had a criminal mind.”

    In her ruling Johnson said there is enough evidence to suggest that Hearn knew he wasn’t getting life and lied to the jury. She also faulted the prosecution for not acknowledging that.

    Hearn was paroled in 1979 after serving less than five years. Austin and Bowden both wrote letters supporting Hearn for early parole.

    In those letters the prosecutors said they couldn’t have gotten a conviction without Hearn’s testimony, Olive said.

    “The state cannot prove beyond reasonable doubt that Dougan would have been convicted and sentenced without Hearn’s testimony,” Olive said, while pointing out that when Circuit Judge Hudson Olliff sentenced Dougan to death, he cited Hearns testimony in justifying the sentence.

    Supreme Court justices also expressed concern about the affair Jackson had with Dougan’s sister. In court filings Dougan has said he was unaware of the relationship until after he was convicted and sentenced to death and would have requested a new lawyer if he’d known.

    “Apparently everyone knew about this affair but Mr. Dougan,” said Justice Barbara Pariente.

    Olive said the situation created a conflict of interest because Turner was ashamed of her brother, and Jackson tried to shield his lover and her family from public scrutiny rather than defend Dougan. Turner also kept Dougan’s family from testifying during the penalty phase to avoid revealing painful family secrets such as Dougan’s mother being an alcoholic and his father being a philanderer who fathered a child with another woman.

    Those issues could have been used as mitigation to argue that Dougan shouldn’t get the death penalty.

    A conflict also existed because Jackson’s wife, Lougenia Jackson, was his legal secretary. She was assisting her husband on the case of the man whose sister was ruining her marriage. Olive argued that Lougenia Jackson began to despise Dougan and his family as her marriage was breaking up.

    After they were divorced, Lougenia Jackson testified she walked in on her husband and Turner having sex in the office library one night. The two women would later have several physical altercations with each other, and people who worked in the office testified that they often heard Ernest Jackson and his wife having loud arguments about the relationship.

    Jackson, who was prominent in the civil rights movement in the 1950s and ‘60s, died in 1979.

    Delaney said Wednesday that Jackson’s actions were “wrong and immoral,” but his behavior was not a conflict of interest.

    Johnson ruled the situation was clearly a conflict of interest for Jackson, and he should not have been defending Dougan.

    Jackson also handled appeals for some of the other defendants after they were convicted. Johnson said that was a conflict of interest and Supreme Court justices indicated they also found it troubling.

    If the Supreme Court upholds Johnson’s ruling, the office of State Attorney Angela Corey will have to decide whether to retry Dougan. Legal experts have said it will be difficult retrying a case over 40 years after the crime occurred.

    “People die, memories get fogged, evidence is lost,” said George “Bob” Dekle, the retired prosecutor of serial killer Ted Bundy and now a law school professor at the University of Florida who spoke with the Times-Union about Dougan’s case in 2013. “It’s very difficult to put everything back together so long after the original case.”

    Multiple family members of Orlando have said they still want Dougan executed and will want him retried and sentenced to death if the Supreme Court upholds Johnson’s ruling.

    Family members could not be reached for comment after Wednesday’s hearing.

    Five people were convicted of the crime: Dougan, Hearn, Dwyne Crittendon, Elwood Clark Barclay and Brad Evans.

    Barclay’s death sentence was thrown out on appeal and he was re-sentenced to life; Crittendon’s presumptive parole date is May 3, 2161; Evans was paroled Oct. 24, 1989, after serving 14 1/2 years of his 199-year sentence.

    http://jacksonville.com/news/crime/2...ying-instigate

  9. #9
    Administrator Heidi's Avatar
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    STATE OF FLORIDA v JACOB JOHN DOUGAN JR.

    In today's opinions, the Florida Supreme Court AFFIRMED the postconviction court's granting of a new trial to defendant Jacob John Dougan, Jr.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #10
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Any idea on when the new trial of this racist assassin will be?

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