Florida Supreme Court Ponders Life Sentences For Juveniles
November 7, 2014
The Florida Supreme Court on Thursday heard arguments in a debate about sentencing for juveniles convicted of first-degree murder.
Pointing to a 2012 U.S. Supreme Court ruling, two inmates who are serving life in prison for murders they committed as juveniles are challenging their sentences.
The ruling, in a case known as Miller v. Alabama, banned mandatory life sentences for juveniles convicted of murder. Juveniles can still face life sentences in such cases, but judges must weigh criteria such as the offenders’ maturity and the nature of the crimes before imposing that sentence.
On Thursday, attorneys for Rebecca Lee Falcon and Anthony Duwayne Horsley argued that the ruling — and a new state law that carries it out — should apply retroactively to their clients, giving them the possibility of release.
The session was lively, with most of the Florida justices’ questions directed at what the Legislature intended by passing the new law. An underpinning of the Miller ruling was that juveniles are different from adults and function at different stages of brain development, so that a life sentence without the possibility of parole violates the Eighth Amendment ban on cruel and unusual punishment.
“The question becomes, ‘What should the remedy be?’” said Karen Gottlieb, Falcon’s attorney. “The ultimate issue is how this court can best vindicate Eighth Amendment rights that are required under the Miller decision while at the same time doing as little violence as possible to the legislative intent.”
Lawmakers this spring approved new juvenile sentencing guidelines that went into effect July 1 in response to Miller and to a 2010 U.S. Supreme Court ruling in a case known as Graham v. Florida.
The Miller and Graham rulings have spawned legal questions in Florida courts since the Graham ruling was handed down. It took lawmakers that long to agree on the sentencing guidelines, but this year — reluctant to leave it to courts to decide on a case-by-case basis — did so unanimously.
“That’s almost unheard of,” Justice Barbara Pariente said. “It’s the entire Legislature saying, after lots of hearings, ‘We think this is both good from a policy point of view as well as faithful to Miller.’ ”
Under the new law, a juvenile convicted of a murder classified as a capital felony could be sentenced to life in prison after a hearing to determine whether such a sentence is appropriate. If a judge finds that a life sentence is not appropriate, the juvenile would be sentenced to at least 35 years. Also, juveniles convicted in such cases would be entitled to reviews after 25 years.
Falcon is serving a life sentence for a 1997 murder in Bay County, when she was 15. That murder was committed in the course of a botched robbery. Horsley, whose case was heard Thursday with Falcon’s case, was convicted of first-degree murder in the 2006 shooting death of a convenience-store owner in Brevard County. He was 17 at the time of the murder.
Horsley was initially sentenced to life in prison without parole, but he argued on appeal that the Miller ruling made that sentence unconstitutional. Florida’s 5th District Court of Appeal later changed the sentence to life in prison with the possibility of parole after 25 years. That prompted the case to go to the state Supreme Court.
On Thursday, Assistant Attorney General Kellie Nielan argued that a life sentence does not violate the Constitution if it includes the option of parole.
But Justice Ricky Polston said that would create new questions, due to Florida abolishing parole decades ago on new crimes. A commission still hears cases from before the time parole was abolished.
“If there’s no parole, are you asking this court to order the parole commission to hear these cases even though we don’t have the power of the purse?” Polston asked. “We can’t give them the money or authorization to do this. Are you asking us to — from the bench — require a branch of government to enact the parole commission that’s been abolished?”
“I’m asking this court to follow precedent,” Nielan said. “I understand that we have to fashion a remedy for this.”
But while the new law was designed to bring Florida into compliance with the U.S. Supreme Court rulings, it doesn’t mention retroactivity.
And in July, when the Florida Supreme Court asked attorneys representing juvenile offenders to weigh in on the new law, Senate Criminal and Civil Justice Appropriations Chairman Rob Bradley, the Senate sponsor, said it was not intended to address retroactivity.
“We were simply looking at a statutory scheme that was clearly unconstitutional,” the Fleming Island Republican told The News Service of Florida. “We were looking at two United States Supreme Court decisions that set forth certain parameters, and we developed a sentencing framework that complied with those two decisions. As far as how that applied individually to individual defendants, we’ll leave that to the court system.”
by Margie Menzel, The News Service of Florida
Byrneville Elementary Releases First Nine Weeks Honor Roll
November 7, 2014
The following students were named to the first nine weeks honor roll at Byrneville Elementary School:
Mrs. Barberree’s Kindergarten:
All Satisfactory
Nathan Carter
Autumn Coleman
Clay Everly
Gabrielle Hawsey
Akeylah Jefferson
Caleb Levins
D’Angelo Phifer
Jase Portwood
Hunter Powell
Will Sloan
Isaiah Therrell
Zachary Weaver
Cannon Whorff
Allison Yoder
Mrs. Coleman’s Kindergarten
All Satisfactory
Keiyon Brown
Kayden Harwell
Wesley Lambeth
Aleah Therrell
Ms. Rice’s Kindergarten
(All satisfactory)
Brayden King
Layla Jordan
Mrs. Dawson’s First Grade
All A’s
London Brooks
Luke Godwin
Jaycee Harvell
All A’s and B’s
Logan Jordan
Evelyn Smith
Chassity Taylor
Christian Velazquez
Ms. Thornton’s First Grade
All A’s
Wade Bailey
Elizabeth Coleman
Mary-Clayton Dawson
Savannah Hudson
Katherine Johnson
Ryder Lee
Makenzie Levins
Andrew Plant
Bree Roberson
Charlee Weaver
All A’s and B’s
Emily Carter
Easten Odom
Brynlie Shaw
Mrs. Linton’s Second Grade
All A’s
Kelan Jurey
Riley Long
Evin Matlock
Mia Turner-White
All A’s and B’s
Ayden Atallah
Gavin Beasley
Layla Brown
Jaci Jackson
Mrs. Weaver’s Second Grade
All A’s
Madeleine Atallah
Maddie Mae Driskell
Zachary Herndon
Mia Kornegay
Madison Levins
Addisen Miller
Jayden White
Brian Yoder
All A’s and B’s
Logan Bevins
Luke Diamond
Kerissa Dortch
Braden Glick
Rhett Madden
Blake Shaw
Mrs. Dunsford’s Third Grade
All A’s
Sarah Bailey
Riley Dawson
Madalyn Grimes
Kaylee Hamilton
Meredith Johnston
Tyler Riggs
All A’s and B’s
Alexa Castro
Kaylie Glick
Takayla Lewis
Tyson McBride
Aydan Smith
Leif Waters
Mrs. Gilmore and Mrs. Marshman’s Fourth Grade
All A’s
Drake Allen Driskell
Bradley Hamilton
Emily Levins
Kaden Odom
Jolee Sloan
Blake Yoder
All A’s and B’s
Leah Anderson
Hunter Barnes
Aloysia Dortch
Briana Dunsford
Kayla Johnson
Emily Lambeth
Abby Weber
Tiana White
Mrs. Johnston’s Fifth Grade:
All A’s
Hunter Borelli
Kaitlin Gafford
Jace Gifford
Shelby Rice
Harley Walker
All A’s and B’s
Cody Adams
Tanner Boone
Dusty Carnley
Taylor Levins
Torka Mills
Ahmad Warmack-Elliott
Anthoni Weaver
State Officially Announces Grant For Century Playground
November 7, 2014
The Florida Department of Environmental Protection official announced 51 grants Thursday in 26 counties for outdoor recreational purposes.
The only grant in the Pensacola area was a $50,000 for playground equipment at Showalter Park in Century.
As NorthEscambia.com reported last month, the Town of Century has already ordered a new playground set for Showalter Park from bidder J.A. Dawson & Co., as recommended by the Century Recreation Committee.
The labor to demolish the existing playground and install the new equipment will be provided by the town, saving grant dollars and allowing for the purchase of more equipment.
The town is also applying for a Florida Recreation Development Assistance Program grant to install a splash pad at Showalter Park.
NorthEscambia.com photos, click to enlarge.
Conference Promotes Agritourism, Ecotourism
November 7, 2014
The three-day 2014 Gulf Coast Agritourism & Ecotourism Business Development Conference was held this week in Santa Rosa County.
The conference included informative sessions, hands-on activities and an opportunity to explore local agritourism and ecotourism businesses. The event provided information geared not only to existing companies, to also for new business startups.
Ben Parks from the Florida Agritourism Association said people need to think outside the box to share farm fun, while Dr. Taylor Stein, UF.IFAS ecotourism specialist, encouraged support for sustainable ecotourism development.
The event was sponsored by IFAS Extension in Escambia and Santa Rosa counties and Naturally Escarosa.
Pictured top: The group visited Holland Farms near Jay, where they learned about peanuts from Bruce Holland. Pictured inset: Dr. Taylor Stein, UF.IFAS ecotourism specialist, encouraged support for sustainable ecotourism development during the conference. Pictured below: Extensions agents pose with one of Gene Gabbert’s old FarmAll tractors at his Jay Museum, centerpiece of the annual Jay Peanut Festival. Photos for NorthEscambia.com, click to enlarge.
Shirley Diane Rushing
November 7, 2014
Shirley Diane Rushing, 63 of Atmore, passed away on November 5, 2014, surrounded by her family. She was born on February 11, 1951, in Atmore, to Doris and Marshall Hall. She was a realtor and broker for 35 years in Alabama and Florida.
Her father and mother, Marshall and Doris Hall; and sister, Lanell Cook preceded her in death.
Mrs. Rushing is survived by her husband, Rev Johnny Rushing; a special nephew, Tommy Young (Lela); and grand-niece Ciana; four step-children, John Rushing, Jamie Rushing, Tammy Filasila (Waylon) and Sherry Capps (Jeremy); two grandchildren, Carson and Ava; two brothers, Colvin Murph (Faye) of Bay Minette and Rodney Hall of Mobile; six sisters, Carolyn Dees of Robertsdale, Nancy Roach (DC) of Davisville, Bettye Hodges (Ken) of Pensacola, Sarah Ward (Mike) of Mobile, Rita Whatley of Atmore, Becky Holloway (James) of Odessa TX; and many other nieces and nephews.
Funeral services will be held at the Johnson-Quimby Funeral Home in Atmore on November 8, 2014. Pastor Thurl Pearson will officiate. Family will receive friends from 10 a.m. until services begin at 11 a.m.
Interment will be at McCullough Cemetery.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Herbert C. Guy
November 7, 2014
Herbert C. Guy, 85 of Robinsonville, passed away Thursday, November 6, 2014, at his residence. He was retired from International Paper Corp as a machine operator. He was born in Clark County, AL on April 9, 1929, to the later Eli Carlton and Minnie Gates Guy. He served in the U.S. Army in the Koran war. He was a member of Canoe Methodist Church.
He is preceded in death by seven brothers and sisters.
Survivors are his wife, Annie Lambert Guy; three sons, Carlies Daniel (Brenda) Guy, Thomas (Melanie) Guy, and Richard Neal (Kristie) Guy all of Robinsonville; one daughter, Peggy (Freddy) Lambeth of Robinsonville; one brother, Bill (Earline) Guy of Birmingham; eight grandchildren, Jason (Melanie) Guy, Traveis (Georgia) Guy, Natalie (Mark) Rodgers, Brittiany (Josh) Odom, Tyler (Shay) Guy, Aaron Guy, Dee Guy, and Michael Lambeth; eight great-grandchildren, Bailey, Gavin, Payton, Noah, Lorelie, Max, Klayton, and Blaklyn.
Services will be Saturday, November 8, 2014, at 2:30 p.m. from Johnson-Quimby Funeral Home Chapel with Rev. William Armstrong officiating.
Interment will follow Canoe Methodist Cemetery.
Active pallbearers will be grandchildren.
Family will receive friends on Saturday, November 8, 2014, at Johnson-Quimby Funeral Home from 1:30 p.m. until service time at 2:30 p.m.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Robert Allen Raughton
November 7, 2014
Robert Allen Raughton, 78, passed away peacefully November 5, 2014, surrounded by family members and loved ones. After serving in the United States Army, Allen worked as a master craftsman, and retired from NAS Pensacola as a supervisor after decades of service to country to include service to country in Asia.
Allen was born to Amelia Rita Bowers and Joseph Allen Raughton in 1936.
He has temporarily departed from his wife of 56 years, Ellen Raughton. His children, Zina Raughton Smith, and Gregg Allen Raughton along with their respective spouses, Jay Smith and Kathleen Johnson Raughton grieve his passing.
Allen’s siblings include, Jean Lambert, Frank Raughton, Marie De La Cruz, Patricia Hernandez, Mary Martin, Richard Raughton, James Raughton, Elizabeth Foster, Sally Casey, Rita Wilson, and Sam Raughton; grandchildren, Jason Montgomery, Kevin Raughton and his wife Whitney, Lauren Smith, Kaylee Smith, Kristi Raughton; great-granddaughter, Landyn Raughton mourn Allen’s passing as well. Many uncles, aunts, cousins, and scores of others are members of the Raughton family tree with many, many relatives.
A life filled with joy, Allen enjoyed worshipping with family and church family; a thirst for the Word and presence of God in his life; hunting; fishing; working; and being around friends. Allen participated in life, rather than being spectator.
Often, Allen would speak of his most precious earthly asset as his family. His affinity for family is, and was, returned to him by family and friends alike. He blessed so many during his scores of a life well lived.
Allen was a member of American Legion, Blue Lodge, and Hadji Shriners; while both Ellen and Allen worked with Rainbow girls and Order of the Eastern Star. Once committed, never was there a question of loyalty and goal relative achievements for all endeavors.
Pallbearers are Jason Montgomery, Nathan Garnto, Kevin Raughton, Brian Lambert, Chris Hensen, and Mark Watson.
Services were held Friday, November 7, 2014, at First United Methodist Church in Pace.
Pastors Brandon Dasinger, John Webb, Kevin Holland officiated.
Faith Chapel Funeral Home North is in charge of arrangements.
Assistant Escambia County Administrator Larry Newsom Resigns
November 6, 2014
Escambia County Assistant County Administrator Larry Newsom has resigned, according to county officials.
Newsom tendered his resignation “in order to pursue other opportunities,” county spokesman Bill Pearson said. Amy Lovoy, the county’s Management and Budget Services department director, has been named as the county’s interim assistant county administrator.
During his tenure at Escambia County, Newsom served as interim county administrator in 2010 after the non-renewal of Bob McLaughlin’s county, after the firing of Administrator Randy Oliver in 2012, and beginning in December 2013 until the resignation and then passing of George Touart until current Administrator Jack Brown was hired in April 2014.
When not serving in an administrator position, Newsom worked as the manger of the Transportation and Traffic Division.
Pictured top: Larry Newsom (left) speaks during a public forum in Molino as District 5 Commissioner Steven Barry (right) listens. NorthEscambia.com file photo, click to enlarge.
Woman Charged With Stealing $4,000 Pet Store Puppy
November 6, 2014
A woman has been arrested in connection with a stolen dog — a $4,000 stolen dog — taken from a local pet store late last month.
Christine R. Frasure, 33, was charged with grand theft.
The French bulldog was located Thursday morning after police received an anonymous time via CrimeStoppers. She was spotted with the dog by two Pensacola Police detectives and taken into custody. The dog, according to police, was in good condition and was returned to Petland.
Back on October 28, the woman asked to see the dog at Petland. The employee then brought the dog to a petting room and handed it to the suspect. After a couple of minutes, the employee left the pet enclosure to go to another part of the store Once he returned, he realized the suspect and three-month old puppy were gone.
Jacks Branch Road Wreck Claims Life Of Cantonment Man
November 6, 2014
An Cantonment man passed away Thursday morning from injuries he received in a single vehicle accident.
Robert Elanson Walker, 73, was southbound on Jacks Branch Board near River Annex Road about 9 a.m. when he crossed over the center line, ran off the road and struck a utility pole. He was airlifted to West Florida Hospital where he succumbed to the injuries he received in the crash, according to the Florida Highway Patrol.
Photo for NorthEscambia.com, click to enlarge.