Drought Continues For Some In North Escambia
December 23, 2016
Despite recently rainfall that has greatly reduced the risk of wildfires and returned moisture to the ground, the latest information released Thursday shows that a portion of the North Escambia area is still in a drought.
The update from the National Drought Mitigation Center shows the northernmost part of Escambia County in Florida, roughly from Walnut Hill north, in a moderate drought. The southern half of Escambia County in Alabama is also in a moderate drought, while the northern half of that county is still in a severe drought.
The southern half of Escambia County in Florida remains abnormally dry.
There are only slight chances of rain in our near-term forecast.
Get Help Wrapping Your Gifts From The Tate Band
December 23, 2016
The Tate High School Showband of the South will provide gift wrapping services at the Walmart on Highway 29 in Ensley today from 10 a.m. until 8 p.m. and Saturday from 8 a.m. until 5 p.m. Photos for NorthEscambia.com, click to enlarge.
Molino Vehicle Fire Destroys Pickup Truck
December 23, 2016
A vehicle fire destroyed a pickup in Molino Thursday morning. There were no injuries reported in the Nancy Lane blaze. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Supreme Court Opens Door To New Death Penalty Hearings
December 23, 2016
In a pair of major rulings about the state’s embattled death penalty, the Florida Supreme Court on Thursday cleared the way for about half of the state’s Death Row inmates to seek new sentencing proceedings based on a seminal U.S. Supreme Court decision early this year.
But while the Florida justices granted relief for approximately 55 percent of the state’s 386 condemned inmates, a majority of the court also lifted a stay of execution in the case of James Asay — a signal that deaths by lethal injections could soon be back on track after a year-long hiatus.
Thursday’s highly anticipated opinions focused on the application of a January U.S. Supreme Court decision, in a case known as Hurst v. Florida, that struck down as unconstitutional the state’s death penalty sentencing system.
That ruling, premised on a 2002 case known as Ring v. Arizona, found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury.
Florida lawmakers hurriedly rewrote the law this year after the Hurst ruling, requiring jurors to unanimously find that at least one aggravating factor exists before a defendant can be eligible for a death sentence and requiring at least 10 jurors to recommend death for the sentence to be imposed.
But the Florida Supreme Court in October struck down part of the new law, finding that it was unconstitutional because it did not require unanimous jury recommendations for death sentences.
In one of Thursday’s rulings, a majority of the Florida court decided that the Hurst ruling should apply to all cases that came after the Ring decision. It noted that 14 years separated those two U.S. Supreme Court decisions.
“In this instance … the interests of finality must yield to fundamental fairness,” the majority wrote in the case of John Mosley, convicted of murdering his girlfriend and their infant child in 2004. “Because Florida’s capital sentencing statute has essentially been unconstitutional since Ring in 2002, fairness strongly favors applying Hurst, retroactively to that time.”
The Mosley decision also makes clear that, because the court will analyze each case individually, not all capital defendants who are eligible under Hurst will ultimately receive the opportunity for a new sentence. Defendants who waived their right to a jury trial would also not be eligible for new sentencing hearings.
Retroactive application of the Hurst ruling is critical “to prevent a violation of the fundamental and critically important right to a trial by jury,” the majority wrote in Thursday’s 83-page Mosley opinion.
But Justice Charles Canady, in a dissent joined by Justice Ricky Polston, warned about the effects on the court system of allowing new sentencing hearings in death-penalty cases going back to the Ring ruling in 2002.
“The difficulties involved in conducting new penalty phase proceedings for such a large number of cases involving murders committed over such an extended period of time truly beggars description,” Canady wrote. “The impact on the system of justice — courts, prosecutors, and public defenders — will be enormous.”
In Asay’s case, the court ruled that Hurst should not apply retroactively to cases finalized before the Ring decision because, in part, of the impact on the administration of justice.
“Penalty phase resentencing is a time-intensive proceeding that requires significant preparation and discovery, death-qualifying a jury, and generally, a multi-day trial,” the majority wrote. “While some of the prior witnesses’ statements could be admitted based on the transcripts from the prior sentencing, the jury’s ability to weigh the strength of those witnesses would clearly be impacted. Finally there is an important consideration regarding the impact a new sentencing proceeding would have on the victims’ families and their need for finality.”
All but two of the justices — Canady and Peggy Quince — authored separate opinions in the Asay case. Justices Barbara Pariente and James E.C. Perry concurred in part but offered dissenting opinions in which they said that all of the state’s Death Row inmates — including those in cases before Ring — should be eligible for resentencing.
Justice R. Fred Lewis concurred in the result but wrote that the Hurst ruling should be extended retroactively to all capital defendants who raised the issue of unanimity, even before Ring was decided.
In her dissenting opinion, Pariente objected that “the requirement of jury unanimity in the ultimate decision as to whether a defendant is sentenced to death is of such fundamental significance that fairness requires” retroactive application.
“The majority’s conclusion results in an unintended arbitrariness as to who receives relief depending on when the defendant was sentenced or, in some cases, resentenced,” she wrote. “To avoid such arbitrariness and to ensure uniformity and fundamental fairness in Florida’s capital sentencing, our opinion in Hurst should be applied retroactively to all death sentences.”
Perry went even further.
“The line drawn by the majority is arbitrary and cannot withstand scrutiny under the Eighth Amendment because it creates an arbitrary application of law to two groups of similarly situated persons,” Perry, who is forced to retire at the end of this year, wrote. “Coupled with Florida’s troubled history in applying the death penalty in a discriminatory manner, I believe that such an application is unconstitutional.”
Attorney Martin McClain, who took over Asay’s case in January after Gov. Rick Scott signed a death warrant ordering Asay’s execution, said the court’s opinion in his client’s case leaves unanswered questions. Thursday’s ruling came 10 months after the court heard arguments in the Asay’s case.
“Obviously, the issue is complex, as is reflected in the opinions,” McClain told The News Service of Florida. “All that’s really established today is that post-Ring people have a better argument for relief than pre-Ring people.”
Scott spokeswoman Jackie Schutz said the governor’s office is “reviewing the ruling.” But, according to McClain, Scott cannot reschedule an execution date for the convicted killer because the court’s ruling Thursday left open the possibility of a request for a rehearing.
Thursday’s decisions evoked mixed reactions from defense lawyers, with many of them echoing Perry’s concerns.
“Certainly, a fair number of my clients will be entitled to relief. However, the court’s opinions do really raise an arbitrary concern that similarly situated defendants are being treated differently under the law. That’s unfair and a violation of the Eighth Amendment,” lawyer Maria DeLiberato said.
Karen Gottlieb, co-director of the Florida Center for Capital Representation at Florida International University’s College of Law, predicted that the decisions regarding retroactivity will spur more litigation.
“The defendants whose cases were final prior to Ring, their sentencing proceedings were no less unconstitutional than those sentencing proceedings that were not final at the time of Ring and those that came after Ring,” Gottlieb said. “The bottom line is we are talking about unconstitutional sentencing proceedings, no less unconstitutional prior to Ring than post-Ring. They were always unconstitutional.”
by Dara Kam, The News Service of Florida
Holiday Closures For Escambia County Offices
December 23, 2016
Below is a listing of offices and departments closed on Friday, Dec. 23, Monday, Dec. 26 and Monday, Jan. 2 for the Christmas and New Year’s holidays.
- Escambia County Board of County Commissioners
- Escambia County Property Appraiser
- Escambia County Tax Collector
- Escambia County Area Transit administrative offices
- Escambia County Supervisor of Elections office
Exceptions:
- Escambia County Area Transit will run regular routes Friday, Dec. 23, Monday, Dec. 26 and Monday, Jan. 2. Modified service will run every two hours on Saturday, Dec. 24 and Saturday, Dec. 31. There will be no bus service Sunday, Dec. 25 and Sunday, Jan. 1. There will be no UWF Trolley service from Saturday, Dec. 10 – Friday, Jan. 6.
- The Escambia County Animal Shelter will be open Friday, Dec. 23. The animal shelter will be closed Saturday, Dec. 24 – Monday, Dec. 26 and Monday, Jan. 2. Animal Control will respond to emergencies only Friday, Dec. 23 – Monday, Dec. 26 and Monday, Jan. 2.
- The Escambia County Clerk of the Court & Comptroller’s office hours are as follows:
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- The Clerk’s Finance, Official Records and Clerk to the Board offices, located at 221 Palafox Place, will be closed Friday, Dec. 23. All other clerk offices will be open.
- All offices of the Clerk of the Circuit Court & Comptroller will be closed Monday, Dec. 26.
- All offices of the Clerk of the Circuit Court & Comptroller will be closed Monday, Jan. 2.
- All West Florida Public Library branches will be closed Friday, Dec. 23 – Tuesday, Dec. 27 and Monday, Jan. 2. The Pensacola Library, located at 239 N. Spring St., will also be closed Sunday, Jan. 1.
- The Perdido Landfill will be open for normal business hours Friday, Dec. 23, Saturday, Dec. 24, Monday, Dec. 26 and Monday, Jan. 2. The Oak Grove Convenience Center will also be open for normal business hours during the holidays.
Cook Up A Christmas Gift Idea
December 23, 2016
by Dorothy Lee, Escambia Extension Agent
Christmas is a joyous season. It’s a time to remember friends and neighbors with small tokens of your love and appreciation.
Every holiday season is magical, but can also be a perplexing time. How do you choose gifts for your friends and loved ones that are unique, and sure to be cherished?
Remember Christmas when you were young? How the simplest projects—stringing lights, hanging icicles, baking cookies, gathering pine cones, or making ornaments for the tree—filled the season with fun and excitement. Bring back that special magic with your own holiday projects. These holiday projects are gifts from the heart.
If you have spent many hours in past seasons trying to find the answer to the perplexing question of what to give, perhaps this year you can find the answer in your own kitchen. Flavorful gifts you can create in an evening or two at home might be the just the solution. Most of us like to follow the pleasure of cooking with sharing the scrumptious results. So this holiday season prepare some delicious food gifts for friends and relatives.
A jar of homemade jam or jelly conveys a welcome sign of friendship to neighbors or coworkers. Besides being fun to make and share, oven-baked goods, snacks, and other savory items are attractive and often cost less than those that are store-bought. This is a gift that comes from the heart without breaking the bank. For a holiday touch, add a pretty ribbon or a note from a square of wrapping paper.
Fresh from the oven, a batch of pumpkin muffins or a loaf of whole grain bread will send warm holiday greeting to friends. Decorated with raisins and nuts, gingerbread men will appeal to anyone who fancies the spicy flavors of cinnamon, ginger, and cloves. When invited to festive dinners take along a basket filled with your own gift assortment of cookies packaged in inexpensive containers with recipes and a personalized message included. You will find these gifts easy to transport and the hostess is sure to appreciate the gesture.
Another gourmet goodies idea to consider is sharing a decorative jar or tin packed with flavorful popcorn or a nutritious trail mix. Top a decorative tray with herbed cheese rounds. Herbs offer a delicious alternative to salt. Herb seasoning mixes can be packaged in a decorative glass jar or bottle and tied with festive ribbon. Be sure to attach a label with instructions for serving and a recipe for making more.
When making these gourmet goodies, you might want to prepare an additional batch so you will have a last minute gift on hand. The additional jar of jam or jelly can make a special gift for last minute visitors. These gifts are seen as thoughtful and well-prepared when they are in reality a last minute thought.
For more information, contact Dorothy Lee, UF/IFAS Extension Escambia County at (850) 475-5230 or email dclee@ufl.edu.
James Ezra Hall
December 23, 2016
James Ezra Hall, age 70, passed away on December 20, 2016, in Atmore, AL. He was a native of Atmore, AL. He graduated from Escambia County High School, Snead State Junior College, and Livingston University. He was a member of Brooks Memorial Baptist Church. Mr. Hall’s professions included work as a teacher, coach, and farmer. He retired from the Alabama Department of Corrections.
He is preceded in death by his father and mother, Ervin Junior Hall and Loretha Johnson Hall.
Mr. Hall is survived by his wife, Kathleen of Atmore, AL; sons, Johnathan (Monica) Hall of Jasper, AL, and Jeremy Hall, of Atmore, AL; grandsons, Jake and Jase Hall of Jasper, AL; brothers, Hilbert (Annette) Hall of Atmore AL, and Myron Hall, of Bessemer, AL; sisters, Margaret (Dennis) Higdon of Columbus, GA, and Diane (Kenneth) Snider of Rising Fawn, GA; and many nephews and nieces.
Funeral services were held Friday, December 23, 2016, at Johnson-Quimby Funeral Home Chapel in Atmore with Brother Robert Heard officiating.
Interment was in Serenity Gardens Cemetery.
Active pallbearers were Eric Hall, Scotty Hall, Mark Hall, Daniel Alaniz, Jimmy Woods and Mark Mack.
In lieu of flowers, donations may be made to a church or charity of your choice.
Johnson-Quimby Funeral Home is in charge of arrangements.
Hazel Elizabeth Marshall Morgan
December 23, 2016
Hazel Elizabeth Marshall Morgan, 83, passed away Tuesday, December 2, 2016, at St. Dominic’s Hospital. She was born on March 23, 1933, in Atmore, Alabama to Atwood and Lucy Marshall. She graduated from Escambia High School and worked for many years as a bank teller with Deposit Guaranty National Bank in New Hebron, MS and Monticello, MS. She was a loving wife, mother, grandmother and great grandmother.
She is preceded in death by her father and mother, Atwood and Lucy Marshall; brothers, John Lee Marshall, William Marshall, Elmer Marshall, Arthur Marshall, James Marshall, Edward Marshall, Cecil Marshall and Thomas Marshall; and one sister, Theresa Hayes.
She is survived by her husband of 63 years, Glen S. Morgan; son, Stan Morgan (Missy); daughter, Sheila Keller (Mark); four grandchildren, Rachel Sanders, Elizabeth Cliburn (Matt), Marshall Morgan (Julie) and Anna Smith (Corey); and two great-grandchildren, Charley Smith and Marlie Pate Morgan.
Funeral Services will be held Friday, December 23, 2016 at the Johnson-Quimby Funeral Home Chapel.
Interment was in Oak Hill Cemetery.
Johnson-Quimby Funeral Home is in charge of arrangements.
Shirley Qualls
December 23, 2016
Mrs. Shirley Qualls, 68, passed away on Saturday, December 17, 2016, in Pensacola, Florida.
Mrs. Qualls was a native of Rock Creek, AL, former resident of Pace, FL and had resided in Jay, FL for the past six months. She was an employee of David’s Catfish in Atmore, AL and was a member of the Cedar Hill Baptist Church. She was preceded in death by her parents, Shorty and Mable Lucas and sister, Delores Palmer.
She is survived by her boyfriend, Darrell Elliot of Pace, FL; one son, Buster (Michael Hopkins) Brown of Jay, FL; one step-son, Burl Brown Jr. of Jay, FL; two brothers, Wayne Lucas of Rock Creek, AL and Terry Lucas of Brewton, AL; one sister, Becky Lucas of Oklahoma City, OK; one grandchild, Alex Graves and one great-grandchild, Kayson Graves.
Funeral services were held Friday, December 23, 2016, at the Petty-Eastside Chapel Funeral Home.
Burial was at the Elim Cemetery.
Pallbearers will be Terry Lucas, Little Terry Lucas, Mike Pharaoh, Randy Parker, Lance Harman and Robert Douglas.
Petty-Eastside Chapel Funeral Homes is in charge of all arrangements.
Roy James Classen
December 23, 2016
Roy James Classen, 71 of Walnut Hill, FL, passed away Saturday, December 17, 2016, at his residence. He was a farmer. He was born on May 26, 1945, in Meade, Kansas to the late Willie and Elizabeth Loewen Classen.
Roy’s heart was in farming from a very young age and he thoroughly enjoyed forming relationships with those that he came to know through farming, his involvement in the in the community and church. His love for his wife and family was evident and he was so enjoying his grandchildren and watching them grow up. Above all Roy’s love for the Lord was what guided him in his life, even through his battle with cancer. Now he has finished his race and is with his precious Savior. He was faithful and ran it well.
He is preceded in death by a brother, Kenneth Classen.
Survivors include his wife, Miriam Yoder Classen of Walnut Hill, FL; one son, Kevin (Wendy) Classen of Atmore, AL; three daughters, Denise (Michael) Beachy of Plain City, Ohio, Andrea (Brent) Wagler and Juanita (Terry) Miller both of Sarasota, FL; two brothers, Ken (Mable) Classen of Atmore, AL, Steve (Treva) Classen of Walnut Hill, FL; two sisters, Marianne Classen of Walnut Hill, FL and Beverly Classen of Sarasota, FL; and 11 grandchildren.
Services were held Thursday, December 22, 2016, at the Mennonite Christian Fellowship, with Bro. Anthony Swartzendruber officiating.
Interment was in Freemanville Community Cemetery.
Active pallbearers were Rodney Classen, Keith Classen, Ryan Classen, Randy Classen, Jameson Ward and Andrew Ward.
Honorary pallbearers were Brad Moore, Mike Godwin, Ken McLeod, Lyndon Halteman, John McDaniel and Rob Duffield.
Johnson-Quimby Funeral Home is in charge of all arrangements.