Florida Appeals Court Sides With Teen In Abortion Case
November 29, 2012
In a case that offers a glimpse of the complexity of Florida’s parental-notification of abortion law, a divided appeals court this week overruled a Polk County judge and said a 17-year-old girl could receive an abortion without her mother being told.
A panel of the 2nd District Court of Appeal ruled 2-1 that the teen, identified only as Jane Doe, should receive what is known as a “waiver” of the parental notification requirement. The ruling Monday reversed a decision by Circuit Judge Harvey Kornstein, who found, at least in part, that the teen was not mature enough to receive a waiver and make the decision on her own.
Appeals-court Judge Stevan Northcutt, who was joined in the majority by Judge Douglas Wallace, wrote that the teen believed her mother would banish her from the family’s home if the planned abortion was revealed. Also, Northcutt wrote that teen recognized that giving birth would substantially interfere with her plans to go to college and ultimately have a career.
“Does’ concerns were not the insubstantial worries of a frivolous schoolgirl,” wrote Northcutt in a concurring opinion. “They related directly to her ability to carry out her important existing responsibilities and to accomplish specific educational and professional objectives that would determine the quality of the rest of her life.”
But dissenting Judge Anthony Black wrote that the circuit judge observed the teen and described her as “cavalier” and found that she did not fully appreciate the magnitude of the abortion decision. Also, Black raised questions about the girl’s maturity because she became pregnant after drinking alcohol.
“Petitioner readily admitted to succumbing to peer pressure to drink alcohol,” he wrote. “She became intoxicated and had sexual intercourse — an act she testified she would not have engaged in had she been sober. In fact, petitioner only ‘vaguely recalls’ the sex that resulted in her pregnancy; she did not indicate that she and the father were in a relationship and she does not anticipate having any future relationship with the father.”
Requiring parents to be notified before minors can have abortions has long been a controversial issue in Florida. Voters in 2004 overwhelmingly approved a constitutional amendment that cleared the way for a parental-notification requirement, and the Legislature later approved details of the law.
A large part of the legislative debate focused on the circumstances in which minors can receive court approval to avoid disclosure to their parents. While advocates of notification requirements say parents need to be involved in difficult abortion decisions, opponents have long argued that some minors could be put in danger if their parents are told.
The appeals-court ruling does not say where the minor lives, only that she is from the 10th Judicial Circuit, which includes Polk, Hardee and Highlands counties. It describes her as a high-school senior who will turn 18 early next year and says her relationship with her mother is “distant” and that she does not have a significant relationship with her father.
The ruling does not detail when the girl got pregnant. She had talked with a nurse at a clinic but had not gone to a doctor.
Wallace’s majority opinion gave a detailed analysis of factors that are included in state law to determine whether waivers should be granted. Those factors include the minor’s age, intelligence, emotional development and stability, credibility and demeanor, ability to accept responsibility, ability to assess the consequences of the choice and understanding of medical risks.
“Doe’s testimony demonstrated that she had carefully considered the impact of an unplanned pregnancy in light of her educational and career goals and her other responsibilities,” Wallace wrote. “After such consideration, she had reached the decision that terminating the pregnancy is the best choice for her.”
But in the dissent, Black said there was “competent, substantial evidence” to support the circuit judge’s decision to deny the waiver.
“It appears to me that the majority is substituting its conclusions regarding the minor’s maturity for the trial court’s, without the benefit of observing the tenor of the proceedings or petitioner’s body language, tone of voice and demeanor,” Black wrote. “These are assessments necessary to the determination of maturity which are impossible to glean from a cold record.”
By Jim Saunders, The News Service of Florida
Photos: A Chiefs Breakfast
November 28, 2012
The Northview Chiefs enjoyed a hearty breakfast Wednesday morning as they prepare for Friday night’s state semifinal game against Liberty County.
The breakfast — including cheese grits, biscuits, sausage and juice — was provided by the Northview Quarterback Club, the Town of Century, the Northview “lunchroom ladies”, and Principal Gayle Weaver, while staff member Kathy Bryars provided the decorations.
The varsity football players and coaches, varsity cheerleaders, Tribal Beat Band, dance team, NJROTC color guard, and their sponsors and coaches were invited to the breakfast.
For a photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Pair Indicted In Murder Of Davisville Store Owner
November 28, 2012
The Alabama men that allegedly robbed and shot a Davisville lottery store owner earlier this month were indicted Tuesday on murder charges.
Malcolm McGhee Jr., 24, and Brent Lambeth, 20, are accused in the shooting death of 74-year old Thomas “Tommy” Kroll during a robbery on November 6 at the State Line O’ Yes Lotto on Highway 97.
Tuesday, an Escambia County grand jury indicted both men for first degree murder. Both remain in the Escambia County Jail without bond and will appear in court Thursday for an arraignment hearing.
Investigators said McGhee and Lambeth targeted Kroll’s business because they had previous purchased “Spice” there and the duo intended on robbing the store of more of the synthetic marijuana.
Nice Days, Sunny Skies
November 28, 2012
Here is your official North Escambia area forecast:
- Wednesday: Sunny, with a high near 65. North wind 5 to 10 mph.
- Wednesday Night: Clear, with a low around 33. Calm wind.
- Thursday: Sunny, with a high near 66. Calm wind becoming east around 5 mph in the morning.
- Thursday Night: Partly cloudy, with a low around 42. Calm wind becoming southeast around 5 mph.
- Friday: Partly sunny, with a high near 70. East wind around 5 mph becoming southeast in the afternoon.
- Friday Night: Partly cloudy, with a low around 50. Southeast wind around 5 mph becoming calm in the evening.
- Saturday: Mostly sunny, with a high near 74. Northeast wind 5 to 10 mph becoming southeast in the afternoon.
- Saturday Night: Partly cloudy, with a low around 49. Southeast wind around 5 mph becoming calm in the evening.
- Sunday: Mostly sunny, with a high near 73.
- Sunday Night: Partly cloudy, with a low around 50.
- Monday: Mostly sunny, with a high near 73.
- Monday Night: Partly cloudy, with a low around 50.
- Tuesday: Mostly sunny, with a high near 70.
Seats Available On Spirit Bus To Northview Playoff Game
November 28, 2012
Seats are available on a spirit bus for Northview fans looking for a ride to Friday night’s state semifinal game against Liberty County in Bristol.
There are only 50 seats available on the bus, which will depart Northview promptly at 1:30 p.m. Friday. Seats on the charter bus are $20 per person. To reserve a spot, call Vicki Godwin at Northview High School, (850) 327-6681.
Each bus rider will be responsible for their own game admission, which is $9 as set by the FHSAA.
The bus is sponsored by the NHS Quarterback Club. Bristol is approximately 170 miles from Bratt.
Ester Robinson Named Molino Park Teacher Of The Year
November 28, 2012
Ester Robinson has been named Teacher of the Year at Molino Park Elementary School. She teaches the fourth grade. Robinson is in her sixth year teaching at Molino Park. In her spare time, she enjoys reading, writing poetry, bowling, travel and spending time with her family.
Ingram Name Chair Of Appropriations Subcommittee
November 28, 2012
Speaker of the House Will Weatherford has named State Rep. Clay Ingram (R-District 1) as chair of the House Government Operations Appropriations Subcommittee.
“I appreciate Speaker Weatherford’s confidence in giving me this assignment and I look forward to working with my colleagues to reduce wasteful government spending,” Ingram said.
The Appropriations Committee produces the House’s proposed budget, reviews the Governor’s budget recommendations and provides legislative oversight of budgetary implementation. The Government Operations Appropriations Subcommittee oversees funding for the Departments of Revenue, Financial Services, Management Services, the Lottery, Business and Professional Regulation and the Public Service Commission.
“As many hard-working Floridians continue to struggle during these tough economic times, we face difficult decisions in the days ahead,” Ingram continued. “I am extremely honored to serve on the Appropriations Committee where I have the opportunity to help craft a lean and responsible state budget.”
In addition to serving as Appropriations Subcommittee Chair, Rep. Ingram will also serve on the Energy Utilities Subcommittee, the Insurance and Banking Subcommittee and the Local and Federal Affairs Committee.
Ingram’s district includes most of Escambia County excerpt for the City of Pensacola, Pensacola Beach, Perdido Key, Myrtle Grove and West Pensacola.
One Twin Indicted With Murder, Robbery In Death Of Fromer PNJ Reporter
November 28, 2012
One of the twin brothers arrested in connection with the death of a former Pensacola News Journal reporter was indicted Tuesday for his role in the crime.
Tuesday an Escambia County grand jury indicted William Cormier, 31, for robbery and first degree murder in the death of Sean Dugas. His twin, Christopher Cormier, remains charged with accessory after the fact to first degree murder. Prosecutors are continuing to review Christopher Cormier’s involvement in the crime. Once the review is completed, additional charges may be filed by the State Attorney’s Office.
Dugas was reported missing on September 13, 2012. His body was discovered buried in the backyard of the Cormier residence in Winder, Georgia. An autopsy determined Dugas died from blunt force trauma. An investigation later determined Dugas was murdered August 27 in Pensacola.
Girls Weightlifting: Northview Out Powers Jay (With Photo Gallery)
November 28, 2012
The Northview Chiefs topped the Jay Royals Tuesday afternoon in a girls weightlifting meet held at Northview.
For a photo gallery, click here.
Team Scores
1st Northview 67 points
2nd Jay 22 points
Combined scores for bench press and clean and jerk:
101
1st Jody Paramore- NHS 155
2nd Jadlyn Agerton –NHS 130
110
1st Madison Arrington –NHS 155
2nd Mariah Albritton –NHS 150
3rd Michaela Stewart –JHS 145
.
119
1st Hannah Fiellin –NHS 170
2nd Katelyn Calloway –NHS 150
3rd Kolby Copeland –JHS 115
129
1stAshley Mooney –NHS 185
2nd Angel Lathan –NHS 175
3rd Ashley Geck –JHS 170
139
1st- Hannah Gibson –NHS 205
2nd Shelby Edwards –JHS 175
3rd Ashley Joiner –NHS 160
154
1st Misty Doran –NHS 220
2nd Shelly Mothershed –NHS 190
3rd Katelyn Warrick –JHS 185
169
1st-Liza Eddings –JHS 190
2nd Kristen Gilmore –JHS 185
3rd Olivia Neal –NHS 185
183
1st Sonya Dixon –NHS 200
2nd Sydney Lowery –JHS 185
3rd Haylee Weaver –NHS 180
199
1st Iyanna Davidson –NHS 185
2nd Haley Lambert –NHS 170
3rd Sunny Gilmore –JHS 150
Unlimited
1st Te’Andria Knight –NHS 245
2nd Brianna Hawthorne –JHS 215
3rd Madison McGhee –NHS 195
Pictured: The Northview Chiefs defeated Jay Tuesday afternoon in girls weightlifting. Photos by Bethany Reynolds, NHS Tribal Spirit, for NorthEscambia.com, click to enlarge.
Citizens Insurance Board Responds To Scandal, Blasts Media Reports
November 28, 2012
Responding to charges of improprieties at Citizens Property Insurance Corp. the state-backed insurer’s CEO lashed back Tuesday, calling media coverage of the unfolding drama inaccurate and misleading.
Speaking to members of the company’s governing board, Citizens President and CEO Barry Gilway acknowledged that a handful of Citizens supervisors in separate incidents behaved inappropriately but others face allegations that have been disproved or remained unsubstantiated, he said.
“The last time I looked around, we were still in the United States of America,” Gilway said. “We have not been annexed to a communist regime. We still have some basic rights. Those rights include innocent until proven guilty.”
Gilway requested the meeting last week following the release of hundreds of pages of documents alleging misappropriations of funds, sexual harassment, lucrative severance packages and other inappropriate behavior by a handful of Citizens supervisors between 2004 and 2010.
In one instance a pair of Citizens supervisors took off their bras and danced at the Coyote Ugly bar in Tampa during a company retreat there in 2009. The employees in question were disciplined, according to do documents released by Citizens last week.
Another supervisor was accused of practicing law in Florida without a license, an allegation Gilway says remains unsubstantiated.
Gilway said he was “disgusted” by the actions of some employees, which happened long before he took over in June. But he blasted media accounts he said took unsubstantiated information on a few to sully the integrity of the entire company.
“It is also critically important that the actions of a very, very few people over the course of four years not tarnish the reputation of 1,300 employees who come in every single day and bust their tails, even though they are getting trashed in the press on a daily basis, ” Gilway said.
The company has also been under scrutiny because an internal auditing office was disbanded as the allegations were being examined.
The allegations prompted Gov. Rick Scott last week to direct his inspector general to investigate whether Citizens Office of Corporate Integrity employees were fired for conducting looking into several allegations. Meanwhile, the inspector general’s office is also looking at Citizens’ business expenses following allegations of stays in upscale hotels.
Sean Shaw, a former Florida insurance consumer advocate who now works for a Tampa-based law firm that represents insurance consumers, said Citizens’ anger was misdirected. Instead of focusing on the media, Citizens’ energy would be better spent shoring up an internal governance structure, he said.
“Instead of spending time talking about fixing abuses of the public trust, the board seems more interested in blaming the media for finding out about it,” Shaw said in a statement. “Citizens says the media is disgusting, but I assure you, policyholders and taxpayers have even more choice words about the management of Citizens.”
Gilway acknowledged that a number of procedural safeguards were not in place between 2004 and earlier this year. The company, for example, had no written policy toward severance agreements while records show that more than $750,000 was spent on severance packages since 2004. Steps are now being taken to address those corporate governance issues. Travel guidelines have already been put in place.
“We will win back the credibility of this company in the eyes on the public,” Citizens Chairman Carlos Lacasa said Tuesday.
By Michael Peltier, The News Service of Florida