Atmore Police Seek Shooting Suspect
November 30, 2016
The Atmore Police Department is seeking information in connection with a shooting late last week that left one man in critical condition.
About 2:15 a.m. last Friday, Anthony Jerome Riley of Sunset Drive in Atmore was shot multiple times in the rear parking lot of “Special Occasions” at 129 South Main Street, Atmore Police said in a Tuesday afternoon news release.
Witnesses described the suspect as a black male who fled the area in black Dodge Charger. The witnesses could not provide a license plate number or other information about the shooter.
Riley was transported to Atmore Community Hospital and later transferred to a Mobile hospital.
The Atmore Police Department said the business is licensed to hold banquets, wedding receptions and retirement parties. “The business is not allowed to have alcohol on the premises, but evidence at the scene showed alcohol was present at the time of the shooting,” police said.
Anyone with information on the shooting should call the Atmore Police Department at (251) 368-9141.
Three State Supreme Court Nominees Would Add Conservative Voice
November 30, 2016
Florida Supreme Court justices Charles Canady and Ricky Polston will almost certainly have a conservative colleague to join their frequent splits from the court’s majority when Gov. Rick Scott appoints a replacement for Justice James E.C. Perry.
Perry’s constitutionally mandated retirement gives Scott the opportunity to continue moving Florida’s appellate courts to the right, and the three nominees to replace Perry left no doubt this week as to how they would rule if appointed to the state’s highest court.
Fifth District Court of Appeal judges C. Alan Lawson and Wendy Berger and civil lawyer Dan Gerber made the final cut Monday from six women and five men who went before the Scott-appointed Supreme Court Judicial Nominating Commission. The governor had asked for six nominees by mid-December, but wound up with a list of three.
“While I certainly, and the commission, strive to give the governor the maximum amount of names, sometimes that just doesn’t happen in the process,” Supreme Court Judicial Nominating Commission Chairman Jason Unger told The News Service of Florida in a telephone interview Tuesday. “Governors usually ask for the maximum. And we try to respect that, but we are sometimes not able to vote out six names.”
Lawson and Gerber were both nominated the last time there was an opening on the court in 2008, but were passed over by then-Gov. Charlie Crist, who instead tapped the man they are seeking to replace.
Perry, one of two black justices on the seven-member court, frequently is part of a liberal-leaning majority in decisions that have chafed Scott and the Republican-dominated Legislature.
The three high-court hopefuls, during interviews with the commission Monday, made clear that their allegiances lie with Canady, a highly respected jurist who is on President-elect Donald Trump’s list of potential U.S. Supreme Court picks.
“The brilliance is there. Every Thursday you look and say, OK, let’s see what the dissenting opinions have brought this week,” said Gerber, a partner with the Rumberger, Kirk & Caldwell firm in Orlando.
If selected by Scott, Gerber would be the first justice in 14 years appointed to the high court without any previous experience on the bench. He also could wind up being the next chief justice, because all of the other justices on the seven-member court have served in that role.
Historically, the role of chief justice rotates to the court’s next-senior member every two years. Perry would have been in line to become chief justice July 1 but chose not to seek the position because he would have to retire several months later. Breaking with tradition, the court re-elected Chief Justice Jorge Labarga to serve a second term, making him the first to do so in more than a century.
Gerber’s lack of a judicial record creates uncertainty about how he might rule, an issue raised by at least one commissioner on Monday.
But Gerber’s experience litigating on behalf of clients like Publix Supermarkets and Orkin, his extensive appellate work and his criticism of the Supreme Court’s administration — in addition to his previous nomination — could make him a prime pick for Scott, an attorney and former health-care executive.
A lawyer would provide insight into how “users and consumers” interact with the courts, Gerber told the nine-member nominating commission Monday.
“Every now and then we need a practitioner to go on the court and bring practical experience and judgment to the court,” said Gerber, a University of Florida College of Law graduate.
Gerber, 53, called the Supreme Court’s procurement process “antiquated” and “simply too loose.”
“I don’t think they lend themselves to what we would consider in private free-enterprise systems,” Gerber said, pledging to “cut waste” and make the “consumer experience more efficient, more fair and more effective.”
Perhaps even more important, Gerber also promoted the same “rule of law” judicial approach espoused by The Federalist Society, embraced by Scott, and mirrored by the other two nominees.
The prominent conservative legal group, with about 2,000 members in Florida, adheres to the “originalist” and “textualist” philosophy maintained by the late U.S. Supreme Court Justice Antonin Scalia. Jason Gonzalez, Florida co-chair of the Federalist Society, said judicial conservatives believe “that judges should focus on original meaning of the text of the law, rather than taking a more ‘activist’ approach where the judge stretches or ignores the text of the law to reach a desired outcome in a case,”
Gonzalez said he was encouraged that the Supreme Court interviews focused more on judicial philosophy than they may have in the past. Gonzalez served as Crist’s general counsel at the time of the last four Supreme Court vacancies.
“A judge or justice’s judicial philosophy or approach to interpreting the written law is highly relevant, especially for aspiring appellate judges. Judicial philosophy differs from personal beliefs or political ideology, which should never influence how a judge applies the written law,” Gonzalez said.
Scott is required to choose a justice from the sprawling region covered by the Daytona Beach-based 5th District Court of Appeal. The region stretches across the state from Brevard to Citrus counties and includes counties such as Orange, Volusia, Marion and St. Johns.
Selecting Lawson or Berger — who each earned a law degree from Florida State University — would give Scott the chance to make another appellate court appointment.
Berger, appointed by Scott three years ago to the 5th District Court of Appeal, was reimbursed for a hotel room by the Federalist Society when she was a moderator of a panel discussion entitled “Perspectives on the Florida Judicial Selection Process” at the group’s statewide conference in 2015, according to her application for the Supreme Court opening.
The Supreme Court justices’ role is “to apply the law, to interpret the law,” Berger told the nominating commission Monday.
“It’s not to make it, or force my will upon the people through a written opinion,” she said.
Berger’s youth — she is 47 — provides Scott the prospect of having his legacy reflected on the court for more than two decades.
Berger formerly served as then-Gov. Jeb Bush’s assistant general counsel in charge of the death penalty and clemency, and earned a reputation for meting out stiff sentences during her tenure as a circuit judge, factors which could appeal to tough-on-crime Scott.
While the court spends more than half of its time dealing with death penalty cases, Scott is expected to be more focused on civil matters in trying to reshape the court.
Lawson, who was promoted by social conservatives during the nomination process in 2008, has the broadest experience of the three nominees, having served as a trial lawyer, a circuit judge and, now, chief of the appellate court.
“Anyone who applies for this position can say that they are committed to the ideal of judicial restraint and will faithfully follow the law if appointed. I do not know that any other applicant will have a track record to prove that commitment,” Lawson, 55, wrote in his application.
by Dara Kam, The News Service of Florida
Century To Officially Light Christmas Tree Thursday Evening
November 30, 2016
Century will hold an official Christmas tree lighting ceremony Thursday at 5 p.m. The short ceremony will take place in the Nadine McCaw Park located on North Century Boulevard at Hecker Street. Children from Byrneville Elementary School will perform Christmas songs during the event. Pictured: Century’s Christmas Tree in Nadine McCaw Park on North Century Boulevard as seen Tuesday night. NorthEscambia.com photos, click to enlarge.
Gulf Power Seeks To Keep Group Out Of Rate Increase Case
November 30, 2016
Gulf Power is asking state regulators to block the Southern Alliance for Clean Energy from intervening in a case about the utility’s proposal to raise base rates by $106.8 million next year.
The Tennessee-based Southern Alliance for Clean Energy, which has frequently clashed with Florida utilities, filed a petition seeking to intervene in Gulf Power’s rate case before the Florida Public Service Commission. In the petition, the group pointed to a potential rate restructuring that it argued could discourage energy efficiency and the use of rooftop solar devices.
But in a filing last week, Pensacola-based Gulf Power argued that the Southern Alliance for Clean Energy, commonly known as SACE, has not shown that its interests or the interests of its members will be “adversely affected” by the rate case.
“It is clear from SACE’s petition to intervene (including its allegations of general and specific interests and proposed issues) that SACE is attempting to significantly and improperly expand the scope of this base rate proceeding beyond whether Gulf’s proposed rates are just and reasonable. It appears SACE will use this proceeding as a platform upon which SACE can advocate ‘for energy plans, policies and systems that best serve the environment, public health and economic interests of communities in the Southeast,’ ” the utility argued, partially quoting from the group’s petition.
Gulf Power, which provides electricity to about 450,000 customers in Northwest Florida, filed the rate-increase proposal in October with the Public Service Commission. If approved, the increase would take effect July 1, 2017.
by The News Service of Florida
HS Basketball: Tate Boys, Northview Girls Win; Jay And Tate Girls Fall
November 30, 2016
Here’s a look at high school basketball scores from around the area Tuesday night:
BOYS
Tate 55, West Florida 50
The Tate Aggies picked up their first win of the young season at home Tuesday night 55-50 over West Florida. The Aggies were led by Robert Rush with 19. Up next, the Tate Aggies (1-3) will be at Pine Forest on Thursday.
GIRLS
Northview 44, Catholic 20
The Northview Lady Chiefs defeated the visiting Catholic High Lady Crusaders Tuesday night in Bratt, . The Lady Chiefs will be at Chipley at 5:00 Thursday and at Baker at 5:30 on Friday.
West Florida 56, Tate 19
The West Florida Lady Jaguars defeated the Tate Lady Aggies Tuesday 56-19. The Lady Aggies will host Escambia High School at 7 p.m. Wednesday.
Baker 57, Jay 26
The Jay Lady Royals (2-2) lost to Baker 57-26 Tuesday night at Jay. Corrissa Mulford added 10 points to lead the Royals. The Lady Royals will host Catholic High School on Thursday at 4 p.m.
Pictured: Northview’s Lady Chiefs defeated Catholic Tuesday night. NorthEscambia.com photos, click to enlarge.
No Injuries In Deputy Involved Crash In Cantonment
November 29, 2016
There were no injuries in a wreck involving an Escambia County Sheriff’s Office deputy in Cantonment Monday night.
The accident happened about 7:15 p.m. at the intersection of Highway 297A and west Kingsfield Road. There were no serious injuries; both drivers refused medical treatment at the scene.
Further details have not yet been released by the Florida Highway Patrol as they continue their investigation into the crash.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Tougher Texting While Driving Law Sought
November 29, 2016
A Broward County Democrat wants lawmakers in 2017 to toughen the state’s ban on texting while driving, though similar proposals in the past have repeatedly been rejected.
Rep. Richard Stark, D-Weston, filed a bill (HB 47) on Wednesday that would allow police to pull over motorists for texting while driving. Under current law, motorists can only be cited for texting while driving if they have been pulled over for other reasons — what is known as a “secondary” offense.
Also, Stark’s bill would double fines for texting while driving in designated school zones or school crossings. The bill is filed for the session that will start in March.
Pedestrian Struck And Killed in Escambia County
November 29, 2016
A pedestrian was struck and killed Monday night in Escambia County.
According to the Florida Highway Patrol, 67-yaer old Deborah Leigh Askegren of Pensacola was northbound on Pace Boulevard south of Godfrey Street. A pedestrian, identified as 61-year old Richard Johnson of Pensacola, was crossing Pace Boulevard when he was struck by Askegren’s GMC Yukon.
Johnson was pronounced deceased on the scene following the 6 p.m. crash.
No charges were filed against Askegren.
In Escambia Case, Appeals Court Backs Notifying Minor’s Parents Before Abortion
November 29, 2016
With one judge pointing to a lack of “sufficient maturity to make this critical decision,” a state appeals court Monday rejected a minor’s attempt to get an abortion without her parents being notified.
A three-judge panel of the 1st District Court of Appeal upheld an Escambia County circuit judge’s decision to refuse to grant a waiver from the state’s parental-notification law. The ruling did not detail the age or the hometown of the minor, identifying her only as “Jane Doe 16-A.”
Florida voters in 2004 approved a constitutional amendment that requires parents to be notified before their minor daughters can have abortions. But that amendment and subsequent laws created a process for minors to go to court to prevent the notification — a process known as a judicial bypass or waiver.
Monday’s ruling said the minor based her request on two legal grounds: that she was sufficiently mature to decide whether to have the abortion and that the notification would not be in the “best interests of the petitioner.”
In a four-page opinion written by Chief Judge Clay Roberts and joined by judges M. Kemmerly Thomas and Scott Makar, the appeals court said it could find “no abuse of discretion” in Escambia County Circuit Judge Coleman Lee Robinson’s decision to reject a waiver from the notification requirement.
“In considering the denial of a petition for judicial waiver, this court looks to whether the circuit court abused its discretion and may not reweigh the evidence presented below in order to reach a different result from the circuit court,” Roberts wrote. “Our review on appeal is highly deferential to the circuit court, due, in large part, to the confidential, non-adversarial nature of the proceeding below. The circuit court sits in a far better position to assess a minor’s demeanor and credibility than this court can upon review of the transcribed hearing.”
Makar wrote a more-detailed concurring opinion, saying that the minor’s testimony “fell short of the clear and convincing standard required to obtain a judicial order that her parents not be notified she is seeking to terminate her pregnancy.”
“Among many evidentiary deficiencies, the minor did not know what the medical procedure involved (and had no plan if post-surgical complications arose), had accepted little or no responsibility for ‘anything at all’ in her life, and planned on her parents paying for the procedure,” Makar wrote. “The limited evidentiary record paints a portrait of an emotionally overwhelmed young woman lacking sufficient maturity to make this critical decision independent of her parents for whom she expressed only a generalized fear about their possible reaction.”
The ruling does not prevent the minor from having an abortion but requires that a physician notify her parents before it can be performed.
The parental-notification law has been controversial, but a footnote in Makar’s concurring opinion suggested that judges rarely turn down requests for waivers. The footnote said 89.5 percent of petitions were granted in 2013, 90.5 percent in 2014 and 94.7 percent in 2015.
Deputies Seek Man On Firearms, Narcotics Charges
November 29, 2016
The Escambia County Sheriff’s Office is seeking the public’s help in locating 23-year old Kewauntez Antonio Matthews. Matthews is wanted for firearms and narcotics offenses.
The Sheriff’s Office said he is to be considered armed and dangerous and should not be approached. Anyone with information on his whereabouts should contact the Crime Stoppers at (850) 433-STOP or 911.