Florida Supreme Court Requires Unanimous Juries In Death Sentences
October 17, 2016
The Florida Supreme Court on Friday ruled that jury recommendations must be unanimous for the death penalty to be imposed, delivering a blow to prosecutors and the Legislature by striking down a new law aimed at fixing the state’s death penalty scheme.
Friday’s 5-2 ruling came in the case of Timothy Lee Hurst, whose appeal spawned a U.S. Supreme Court decision in January that found Florida’s death-penalty sentencing process was unconstitutional because it gave too much power to judges, instead of juries.
The Florida court on Friday ordered that Hurst be given a new sentencing hearing and also left the state’s death-penalty sentencing structure in doubt, for the second time in a year.
The immediate impact of Friday’s decision on Florida’s 400 Death Row inmates was unclear, but the 89-page ruling left undisputed that unanimous jury recommendations are required for defendants to be ordered to death, in contrast with a hurriedly crafted law passed in March.
“We are reviewing the Florida Supreme Court ruling, but in the meantime Florida juries must make unanimous decisions in capital cases as to the appropriateness of the death penalty,” Attorney General Pam Bondi’s spokesman, Whitney Ray, said in an email Friday.
Bondi’s office has not ruled out the possibility of seeking a rehearing from the court, something unlikely to be granted, given the 5-2 ruling.
This issues in the Hurst case deal with the sentencing process after juries unanimously find defendants guilty of capital offenses.
Under Florida’s old law, jurors by a simple majority could recommend the death penalty. Judges would then make findings of fact that “sufficient” aggravating factors, not outweighed by mitigating circumstances, existed for the death sentence to be imposed.
That system was an unconstitutional violation of the Sixth Amendment right to trial by jury, the U.S. Supreme Court decided in an 8-1 ruling in January in a case known as Hurst v. Florida.
After the Hurst ruling, the Florida Supreme Court indefinitely halted two scheduled executions, and the Legislature quickly passed a new law to address the U.S. Supreme Court decision.
Under the new law, juries have to unanimously find that at least one aggravating circumstance exists in order for defendants to be eligible for the death penalty. The law also requires juries to weigh whether sufficient mitigating factors exist to outweigh the aggravating circumstances, but the law is silent about whether those decisions must be unanimous. The law also required at least 10 jurors to recommend the death penalty, a departure from the old law, which required a simple majority.
The issue of a unanimous recommendations — not directly addressed in the U.S. Supreme Court decision — was a flashpoint for lawmakers, prosecutors and defense lawyers during legislative debate on the new law. While the state Senate initially wanted to adopt a requirement of unanimous jury recommendations, lawmakers later struck a deal, pushed by state attorneys, to require at least 10 jurors to recommend death.
But in Friday’s highly anticipated decision, the Florida Supreme Court majority found that the state’s attempt to repair the death-penalty sentencing structure remained flawed.
Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis and Peggy Quince agreed fully in the majority opinion. Justice James E.C. Perry concurred with the issue of requiring unanimous jury recommendations but dissented on another issue. Justices Charles Canady wrote a dissenting opinion that was joined by Justice Ricky Polston.
The U.S. Supreme Court decision mandated that all findings necessary for imposition of a death sentence are “elements” that must be decided by a jury, and Florida “has a longstanding history of requiring unanimous jury verdicts as the elements of a crime,” the majority wrote.
“… We conclude that under the commandments of Hurst v. Florida, Florida’s constitutional right to trial by jury, and our Florida jurisprudence, the penalty phase jury must be unanimous in making the critical findings and recommendation that are necessary before a sentence of death may be considered by the judge or imposed,” the majority wrote.
Of 31 states that have the death penalty, Florida is one of just three — along with Alabama and Delaware — that have not required unanimous recommendations for sentences of death.
“Simply put, Florida’s extreme outlier status in not requiring unanimity in the jury’s final recommendation renders the current imposition of the death penalty in Florida cruel and unusual under the Eighth Amendment of the United States Constitution,” Justice Barbara Pariente wrote in a concurring opinion.
Resolving the issue “now, as opposed to later, ensures that, for as long as death is a permissible punishment in the United States, Florida’s death penalty will be constitutionally sound,” Pariente wrote.
But in his dissent, Canady objected that the majority’s decision regarding unanimity went far beyond the bounds of the U.S. Supreme Court’s ruling in the Hurst case, saying it “fundamentally misapprehends and misuses” the decision, “unnecessarily disrupting” the administration of the death penalty in Florida.
Hurst was sentenced to death for the 1998 killing of fast-food worker Cynthia Harrison in Pensacola. Harrison, an assistant manager at a Popeye’s Fried Chicken restaurant on Nine Mile Road where Hurst worked, was bound, gagged and stabbed more than 60 times. Her body was found in a freezer.
The jury in the Hurst case recommended a death sentence to the judge, but its vote was split seven to five.
Friday’s decision was a “major shift in Florida jurisprudence,” according to 2nd Judicial Circuit Public Defender Nancy Daniels, whose office represents Hurst.
“The Hurst opinion from today makes it clear that the whole job a jury has to do has to be unanimous,” she said in a telephone interview.
State attorneys will hold a telephone conference on Monday to review the court opinion and assess how to proceed, Florida Prosecuting Attorneys Association lobbyist Buddy Jacobs said Friday.
Friday’s ruling could deepen the rift between the left-leaning court and the Republican-dominated Legislature, which will be forced to address the thorny death-penalty issue again during next year’s session.
Incoming House Speaker Richard Corcoran, who will take over after the November elections, called the state court’s Hurst decision “antithetical to the rule of law” and “dangerous for our state.”
“With no regard to the Legislature’s constitutional duty to establish policy in this state, the Florida Supreme Court expanded the scope of its decision to issues that were not raised by the parties or considered by the U.S. Supreme Court,” Corcoran, a Republican lawyer from Land O’ Lakes, said.
Florida lawmakers will have to address the issue when they reconvene, said Pete Mills, an assistant public defender in the 10th Judicial Circuit who is chairman of the Florida Public Defender Association’s death penalty steering committee.
“We are a nation of laws. We do not make things up as we go along. This was a statute. The statute has been found unconstitutional. To proceed with a statute that is unconstitutional is unwise and will lead to further chaos,” Mills said. “We have been telling the courts and the Legislature that these statutes were unconstitutional for over 15 years. They didn’t listen to us. They should listen to us now. They should have listened to us all along.”
by Dara Kam, The News Service of Florida
Check Out Mo The Lion In Molino And Storytime At A Library Near You
October 17, 2016
The West Florida Public Library now has its very own lion, Mo.
Mo will be joining the Molino Branch Library’s storytime each Wednesday at 10:30 a.m. to help sing songs and read books.
Storytime — with stories, songs and movement activities designed to build future readers — is held at all branch libraries as follows:
Molino Branch
Weekly on Wednesdays at 10:30 a.m.
(No Winter Break)
Century Branch
Weekly on Thursdays at 4 p.m.
(*Winter Break Dec 12 through Jan 17)
Pensacola Library
Weekly on Wednesdays at 10:30 a.m.
(*Winter Break Dec 12 through Jan 17)
Southwest Branch
Weekly on Tuesdays at 10:30 a.m.
(*Winter Break Dec 12 through Jan 17)
Tryon Branch
Mommy & Me: Weekly on Tuesdays at 10:30 a.m.
Mommy & Me is a lapsit program for babies and their special someone.
Preschool Story Time: Weekly on Thursdays at 10:30 a.m.
(*Winter Break Dec 12 through Jan 17)
Westside Branch
Weekly on Thursdays at 11:30 a.m.
(No Winter Break)
Joe Edward Philyaw
October 17, 2016
Joe Edward Philyaw, 62, of Atmore, AL, passed away peacefully with his loving dog, Sir Dink, wife, Teena Raye Merrill Philyaw, and best friend, Marion McGhee on Wednesday, October 12, 2016, in Atmore. He was a truck driver. He was born in Atmore on May 3, 1954, to the late Joe and Olean Agnes Rayborn Philyaw, Jr. He was employed with Harold Allen Mobile Homes for 15 years, and then with Billy Barnes Enterprises for 20 years before his illness.
He is preceded in death by two half siblings, Tommy Philyaw and Grace Philyaw.
Survivors include his wife, Teena Rae Merrill Philyaw of Atmore; three sons, James B. Philyaw of New Jersey, Darrell Philyaw and Trent Philyaw both of Waynesboro, MS; two brothers, Daniel Philyaw and Alvin Philyaw; half-brother, William Philyaw; and seven grandchildren.
Services were held Monday, October 17, 2016, at Grace Fellowship Church with Bro. Gene King and Bro. Glen Weber officiating.
Interment was in Oak Hill Cemetery.
Active pallbearers were Odell McGhee, Marion McGhee, Ronnie Rolin, Dempsey Rolin, Ronald Rolin, and Luke Andrews.
Johnson-Quimby Funeral Home is in charge of arrangements.
Leslie Ray Hall
October 17, 2016
Leslie Ray Hall, age 78, died Saturday, October 15, 2016, in Davisville, FL. He was a native of Atmore, and a long time resident of Davisville. He was retired from Escambia County Florida Road Department. He was a Mason, and a founding member of the Atmore Saddle Club.
He was preceded in death by his wife, Annie Ruth Kimmons Hall; father, Leslie L. Hall; mother, Gwendolyn Albritton Irwin; step-father, Harold Irwin; and brother Larry Ricky Irwin.
He is survived by his daughter, Shannon Hall Jones and son-in-law, Thomas Jones, and extended family.
Graveside services were held Monday, October 17, 2016 at the Sullivan Cemetery with Reverend C. L. Langford officiating.
Burial will follow at Old Sullivan Cemetery in Nokomis, AL.
In lieu of flowers, donations can be made to the Sullivan Cemetery Fund.
Petty-Eastside Chapel Funeral Homes is in charge of all arrangements.
Glen McDaniel
October 17, 2016
Glen McDaniel, 83, of Cantonment, FL, passed away on Friday, October 7, 2016. Glen was born in Darlington, FL on October 2, 1933, to the late Randall McDaniel and Mary Morrison McDaniel. Glen graduated from Walton County High School in DeFuniak Springs, FL in 1953. He then attended Massey-Draughn Business College in Montgomery, AL for two years, and then was drafted into the U.S. Army where he served for two years in the Signal Corps during the Korean War Conflict. He met his wife, Joyce, while stationed at Ft. Carson near Colorado Springs, CO. They were married in Pensacola, FL on March 2, 1957.
Glen served on the Florida Highway Patrol for 30 years and retired at the rank of Captain and at the time of retirement was District Commander of Northwest Florida. He was a member of Glendale Masonic Lodge receiving his 60 year pin recently. Glen was a member of the Masonic Memorial Team in Pensacola, Chaplain (emeritus) of Zelica Grotto, and member of the Scottish Rite. He was an avid fisherman, golfer, and hunter. He was a member of the Dogwood Dulcimer Club.
He was preceded in death by his parents; and sisters, Lunete, Florence, Lyndell and Rosetta.
Glen is survived by his wife, Joyce; son, Alan (Susan) McDaniel; daughter, Gretchen (George) Tolbert; grandchildren, Shelby (Mike) Williams, Josh (Savana) Hatten, Jonathan Tolbert, Kelly, Cara and Jacob McDaniel; and his sister, Mabel Chalker.
Funeral services were held Tuesday, October 11, 2016, at Faith Chapel Funeral Home North with FHP Chaplain Cliff Morgan officiating.
Masonic graveside services were held at Barrancas National Cemetery, NAS, Pensacola, FL.
Pallbearers were Mike Williams, Robert Barker, Mack Bailey, Josh Hatten, Johathan Tolbert and Jacob McDaniel.
The Florida Highway Patrol will service as honorary pallbearers.
Glen’s family offers special thanks to the physicians and all of the staff at West Florida Hospital.
In lieu of flowers the family requests donations to the American Heart Association, 1101 Northchase Parkway, Suite 1, Marietta, GA 30067-6411.
Faith Chapel Funeral Home North is entrusted with arrangements.
Clarence Wiley Daniels
October 17, 2016
Clarence Wiley Daniels (Bill or Lil Boy, as he was known to most of his family and friends), age 73, made his transition to his eternal Heavenly home on October 12, 2016. He was born in Bonifay, Florida to Beatrice Josey Bass and George Leroy Daniel. He was blessed to have been raised by Momma and Daddy Josey until he joined the U.S. Army for six years, serving in the Vietnam War.
He leaves behind his wife, Juanita Daniels, with whom he celebrated 47 years of marriage. He also leaves behind his children, Sandra Daniels, Francine (Buck) Morris, and Brian (April) Daniels. He was blessed to have had nine grandchildren, Drew (Brooke) Daniels, Brad (Virginia) Morris, Kyle Morris, Camron Morris, Tiearra Daniels, Aislynn Daniels, and Emma Daniels, along with two great-grandsons, and expecting his great-granddaughter, MacKenzie Grace, this year. He leaves behind his loving, faithful dog, Lily, who will miss her Daddy’s lap and cuddles. He has his four brothers, Cecil, Roy, Raymond, and Larry (deceased) and two sisters, Louise and Wanda, and to also include a special “Sister” Glenda- he lovingly called “Glimpy”.
After his service in the U.S. Army, he worked and retired from Civil Service. He loved his service to the church, in filling the baptismal pool and cutting the lawn. He worked for several years at Cottage Hill Water Waters, and was loved by many customers. In his spare time, as he had developed such as love of racing since childhood, he built and owned several dirt track cars. In 2013, he founded the Southern Vintage Racing Association and was a regular face around the dirt and asphalt tracks. His love of racing will always live on in his family with his son driving #26 at the tracks. He was never one to stop and sit, but always on the go and working either doing little jobs, building race cars, or just helping others out. He always had a joking nature about him and could make others laugh often.
A special thank you to Sacred Heart Hematology staff and Dr. Yazan Alsayed for providing such great care for him, that even through this tough battle, he looked forward to seeing the entire staff, joking with them all with a smile on his face.
Funeral services were held at Faith Chapel Funeral Home North in Cantonment, Florida on Monday, October 17, 2016, with processional to follow to Assembly of God in Cantonment, Florida for his final resting place.
Pallbearers were Fellow Vintage Racers, Ben Spears, Jerry Marquis, Jason Marquis, and Craig Lee.
Honorary pallbearers were Quentin Bodiford and Ronnie McDonald.
In Lieu of flowers, the family asks that you please send donations to the MDS Foundation, Leukemia Foundation, or the American Cancer Society. We are thankful for the assistance and support they provided through this difficult time.
Faith Chapel Funeral Home North is entrusted with the arrangements.
Walter Larry Meacham
October 17, 2016
Walter Larry Meacham, Sr., age 66, of Molino, FL, passed away on Wednesday, October 12, 2016. He was born the youngest child of seven to parents Myrtle Lamb and Larry Walter Meacham. He was born on August 30, 1950, in Pensacola, FL.
Larry graduated from Tate High School, Class of 1968. He loved to be outside and work with his hands. He loved to hunt and fish. Larry had a huge field with corn and vegetables. He was a farmer at heart and hard working. Larry always shared his vegetable garden with friends. He even had a sign out in his field that read: “Free Greens”. Summer will never be the same without him.
He is preceded in death by his parents and brothers, Blake, Dan, and Glenn Lamb.
Larry is survived by his wife of 33 years, Deborah Meacham; daughter, Jessica Meacham; son, Larry (Julie) Meacham, Jr.; grandson, Taylor Meacham; brothers, Chase Lamb and Phillip (Pat) Lamb; sister, Willie Halbert; numerous nieces and nephews; and a host of other family members and friends.
Funeral services were held on Saturday, October 15, 2016, at Highland Baptist Church, 6240 Highway 95A in Molino, with Pastor Brian Calhoun officiating.
Pallbearers were Jackie Beasley, Forrest Gibbs, Taylor Meacham, Mike Freisinger, John Houston Chance, and Jimmy Miller.
Honorary pallbearers were Robert Kennedy, Donnie Nicholson, Marshall Fant, and Harold Holder.
Burial was in Highland Baptist Cemetery.
Trahan Family Funeral Home of Pensacola is in charge of arrangements.
Landon’s Big Play: Teams Help Boy With Cerebral Palsy Score Touchdown
October 16, 2016
Landon Hawthorne is like many 10-year old boys — he has love of football and a determination to play.
The Bratt Elementary student was born with ataxic cerebral palsy, but that does not stop his love for the game. Landon plays for the Flomaton Hurricanes, and he recently ran the ball against Jay and Brewton as they faced off with Flomaton. Saturday, Flomaton visited the Cantonment Cowboys, who allowed Landon his biggest play ever.
After his teammates helped him onto the field, Landon ran the ball down field and across the goal line for a touchdown…both teams cheering as he celebrated in the end zone.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
FDOT: Weekly Traffic Alerts
October 16, 2016
Drivers will encounter traffic disruptions on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
- 9 Mile Road (S.R. 10/U.S. 90A) from Beulah Road to Pine Forest Road - Clearing of trees and shrubs on the 4.8-mile segment has begun. Lane closures are only permitted between the hours of 8 p.m. and 6 a.m.
- U.S. 29 (S.R. 95) Widening from I-10 to 9 Mile Road – Crews have begun clearing operations for pond locations. Motorists will see activity in relation to this near the intersection of Ryan Avenue and Detroit Boulevard. Lane closures will only be permitted between 8 p.m. and 6 a.m.
- State Road 292 (Perdido Key Drive) Resurfacing (from Alabama State Line to ICWW Bridge) – Intermittent and alternating daytime lane closures will resume Monday, Oct. 17 as crews mill and place the structural course of asphalt on the main line traffic lanes. This operation is anticipated to be complete within the next two weeks.
Santa Rosa County:
- Interstate 10 (I-10) Widening from Escambia Bay Bridge to Avalon Boulevard- Drivers will encounter the following impacts on I-10 from 8 p.m. to 6 a.m. Sunday, Oct. 16 through Thursday, Oct. 20.
- Traffic will be shifted to the outside on the I-10 on-and-off ramps at Avalon Boulevard/Exit 22 as crews install barrier wall.
- Alternating lane closures, between the Escambia Bay Bridge and Avalon Boulevard as crews continue widening work.
- I-10 Resurfacing from east of S.R. 87 to the Okaloosa County Line – Intermittent and alternating lane closures east and westbound between the S.R. 87 interchange and the Okaloosa County line from 8 p.m. to 6 a.m. Sunday, Oct. 16 through Friday, Oct. 21 as crews perform construction activities. Motorists are reminded the speed limit is reduced to 60 MPH within the lane closure.
- S.R. 87 Widening from two miles south of the Yellow River to Hickory Hammock Road –The Yellow River beneath the S.R. 87 bridge will be temporarily closed Friday, Oct. 14 from 7 a.m. to 6 p.m. as crews mobilize equipment for construction of the new northbound bridge. Boaters are advised to avoid this area.
All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather. Drivers are reminded to use caution, especially at night, when traveling in a work zone and to watch for construction workers and equipment entering and exiting the roadway.
Vote By Mail: 310K Ballots Received Statewide, 11K In Escambia County
October 16, 2016
More than 310,000 Floridians have already cast ballots for the November general election, according to the state Division of Elections. Of more than 2.9 million vote-by-mail ballots that have been distributed by county elections supervisors, 310,760 had already been returned as of 10 a.m. Friday, according to numbers posted on the division’s website.
In Escambia County, over vote by mail ballots had been returned, according to the Escambia County Supervisor of Elections website.
Republicans accounted for 130,758 of the returned ballots, while 124,773 were from Democrats. Another 9,091 had been returned by people registered with third parties, and 46,138 were from independent voters.
In the August primary, 1.28 million Floridians voted by mail, with Republicans making up nearly half.