The saga of Manuel Valle

July 27, 2011 on 5:15 am | In Case news, State legal news | No Comments |

TALLAHASSEE, Fla. — Florida Attorney General Pam Bondi has asked U.S. Supreme Court Justice Clarence Thomas to lift a stay of execution ordered by the state’s highest court.
Bondi filed the request after the Florida Supreme Court on Monday ordered a month-long stay for Manuel Valle.
He was had been scheduled for execution Aug. 2 for killing a Coral Gables police officer 33 years ago.
The state justices, in a 4-3 ruling, ordered the stay so a trial judge can hold a fact-finding hearing on whether Valle would feel pain from a new drug Florida plans to use for lethal injection.
Bondi’s filing says that issue already has been decided in cases from other states.
Thomas can lift the stay, but death row cases usually are referred to the full court.

Florida Supreme Court overturned death sentences Thursday

July 1, 2011 on 9:47 am | In Case news, State legal news | No Comments |

The Florida Supreme Court overturned death sentences Thursday for convicted killers from Jacksonville and Zephyrhills. Read More

Scott signs 1st death warrant for Fla. cop killer

July 1, 2011 on 4:59 am | In Case news, State legal news | No Comments |
By BILL KACZOR

Associated Press

Gov. Rick Scott signed his first death warrant Thursday for Manuel Valle, who had killed a Coral Gables police officer 33 years ago.Valle, now 61, was convicted of fatally shooting 41-year-old Luis Pena in the neck during a traffic stop in April 1978.His execution by lethal injection is set for 6 p.m. Aug. 2, at Florida State Prison in Starke.

The governor signed the warrant exactly a week after a federal judge in Miami declared Florida’s method of imposing the death penalty is unconstitutional because jurors are not required to make specific findings of aggravating factors to justify capital punishment.

Read More

Commission on Capital Cases gets put to sleep ….

May 28, 2011 on 7:04 am | In National legal news, State legal news | No Comments |

A commission established by the Florida Legislature almost 15 years ago to monitor the administration of justice in death penalty post-conviction proceedings has itself been sentenced to death.

The unintended consequences may be significant.

The Commission on Capital Cases, a relatively obscure entity, was abolished earlier this month purportedly to “save” $400,000 in related costs. Among its tasks was to receive public input, and advise and make recommendations to the governor, Legislature and Florida Supreme Court.

The current slate of commissioners, a Republican and a Democrat from the Senate and the House, a retired District Court of Appeal judge and a former county court judge, seemed poised to play a more active role than their immediate predecessors.

However, the Florida Senate adopted a relatively low-profile and late-emerging House conforming bill during the final hours of the 2011 regular legislative session without deliberation.


House of Representatives

February 24, 2011 on 5:58 pm | In State legal news | No Comments |

Bill 919 contains the following language

Effective for an offense committed on or after October 1, 2011, an advisory sentence of death must be made by a unanimous recommendation of the jury.

Write your state representative to ask that they vote for this bill. It’s small step toward justice, but a necessary one.

State must act to fix flaws in the death penalty

October 30, 2010 on 4:01 pm | In Commentary, State legal news | No Comments |

ABA Forum in Tallahassee with the Florida State University Center for the Advancement of Human Rights.


My View essay in October 30th, 2010 edition Tallahassee, Democrat

Raoul G. Cantero III and Mark R. Schlakman


F
our years ago, the American Bar Association released a comprehen­sive Florida Death Penalty Assessment Team report that raised serious concerns about the state’s death penalty process. Since then, with few exceptions, state government has done little to remedy problems identified in the report.

To conduct the assessment, the ABA assembled a diverse and highly qualified eight member team to work in collaboration with its Washington, D.C. based staff.

The objective was to ensure that prosecutorial, defense, judicial, academic and other relevant perspectives were adequately represented when assessing Florida’s death penalty process.

The team resolved at the outset that its findings and recommendations had to be unanimous to be included in the report. Put simply, the report’s findings and recommendations were intended to improve the administration of justice in Florida and promote fairness and accuracy in our criminal-justice system without regard to ones views on capital punishment.

Among the key findings was that death penalty defen­dants often receive abysmal legal representation.

The report makes sever­al related recommendations, including reinstating the Capital Collateral Regional Counsel office in the north­ern region of Florida (it was disbanded within the context of a still ongoing pilot project that relies on private registry counsel). These private law­yers generally don’t specialize in capital defense work nor do they benefit from the supervision and support available to CCRC lawyers in central and south Florida, and they typically receive only nominal compensation for their efforts. Read More

Anti death penalty play “The Exonerated”, By Jessica Blank and Erik Jensen

October 6, 2010 on 2:28 pm | In Associated organization, Commentary, National legal news, State legal news | No Comments |

FAMU will present the anti death penalty play “The Exonerated” in Oct.
Charles Winter Wood Theatre
This play about real people exonerated from death row — including Florida’s — will be in Charles Winter Wood theater, which is on the first floor of Tucker Hall, the building next to FAMU’s library.

Parking tends to be hard to find evenings at FAMU. However, FAMU police will NOT ticket people without FAMU decals on evenings and weekends as long as you do NOT park in handicap or reserve parking. There is a parking lot on Orr Drive,which abuts Tucker Hall may have spaces available. There also is a parking garage about 2 blocks away on the extension of Railroad Ave. which is on FAMU’s campus.

The Exonerated
By Jessica Blank and Erik Jensen

Told in their own words, six Americans with vastly different ethnic, religious, and educational backgrounds share stories of their sentences on death row for crimes they did not commit. As an evening of theater that has the potential to change lives, the politics is exemplary, the stories harrowing and uplifting.

Fri., Oct. 22 – 8 p.m.
Sat., Oct. 23 – 2 p.m. & 8 p.m.
Sun., Oct. 24 – 3 p.m.

Admission: $12 Adults, $9 Senior Citizens and $7 Students/Child
Free for FAMU Students with valid I.D.

Preview Performaces: Oct. 20 & 21. $5 General Admission, Free for FAMU Students witth valid I.D. A post show discussion will follow the Sat. 2 p.m. matinee performance.

All shows are performed in the newly renovated Charles Winter Wood Theatre located in Tucker Hall (on Orr Drive next to FAMU’s library) on the campus of Florida A&M University unless otherwise indicated. Group rates are available. For more information call 561.2425.

Florida Innocence Commission Article

August 18, 2010 on 9:02 am | In Commentary, State legal news, TCADP actions | No Comments |

FSUNews.com has an article on Nancy Daniel’s presentation about the Florida Innocence Commission.
Click here for FSU News

Nancy Daniels, Public Defender of the 2nd Judicial Circuit

August 8, 2010 on 9:50 am | In State legal news, TCADP actions | No Comments |

Member of Newly Created Florida Innocence Commission
Speaks at Annual Meeting of the Tallahassee Citizens Against the Death Penalty

Public Defender, 2nd Judicial Circuit – Nancy Daniels
Tuesday, August 10 — 7:00 p.m.
Westminster Room — First Presbyterian — 110 North Adams – Park and Adams

There have been 255 post-conviction DNA exonerations in the United States.

In Florida, 11 people have been exonerated through DNA testing.  Twenty-three men on death row in Florida were found to be innocent either through DNA testing or through some other evidence.

Among those named to the Commission is Nancy Daniels, Public Defender of the 2nd Judicial Circuit.  Nancy Daniels was first elected as Public Defender in 1990 and was Florida’s first female public defender.

Ms. Daniels will speak about the purpose and work of this historic Commission at the Annual Meeting of the Tallahassee Citizens Against the Death Penalty.

Vote for our new officers:
Mary Anne Hoffman – Chair
Juvais Harrington – Chair Elect
Walter Moore – Secretary
Terry Farley Walsh – Treasurer

Some good news about the death penalty

March 10, 2010 on 8:14 pm | In Commentary, National legal news, State legal news | No Comments |

There has been some good news about the death penalty. Please use this as encouragement to write your state legislators to inform them of your concerns about the death penalty. As many of us learned at the recent TCADP workshop, legislators pay attention to letters from constituents and even a few letters on any issue can make a difference.

The execution of David Eugene Johnston that was scheduled for today in was stayed last week by the Florida Supreme Court: Read More

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