Florida: “Man who lost hand to gator is charged with unlawful feeding.” [Lowering the Bar]
Posts Tagged ‘Florida’
Free speech roundup
- Libel law might paradoxically increase job security of ABC’s much-criticized Brian Ross [Mickey Kaus]
- “If you want to publicly criticize Argentina’s government, make sure all your tax filings are in order.” [NYT via Caron]
- Pentagon Papers case, Meyer v. Nebraska included: “Top ten libertarian Supreme Court decisions” [Damon Root, Reason]
- Criticizing Thai royalty? “Lèse Majesté: 16th Century Censorship Meets 21st Century Law” [Marie-Andree Weiss, Citizen Media Law]
- “Government can’t censor book promotion”: Cato files amicus brief in Trudeau diet-book case [Ilya Shapiro and Kathleen Hunker, Cato; related]
- “I was sued for libel under an unjust law” [Nature reporter Quirin Schiermeier, UK, via BoingBoing]
- Florida seen as worst of many states (even worse than Pennsylvania?) at discouraging SLAPP suits [Marc Randazza, Citizen Media Law]
Miami-area cop jailed three times, fired six
Accusations against the Opa-locka officer include
cracking the head of a handcuffed suspect, beating juveniles, hiding drugs in his police car, stealing from suspects, defying direct orders and lying and falsifying police reports. He once called in sick to take a vacation to Cancún and has engaged in a rash of unauthorized police chases, including one in which four people were killed.
Although he’s “joked about his record of misconduct,” the “Miami-Dade Police Benevolent Association has successfully fought Bosque’s dismissals.” [Miami Herald via Tim Lynch, Cato Police Misconduct Project] However, we know from Canadian Auto Workers economist Jim Stanford’s recent column in the Globe and Mail that in right-to-work states, which include Florida, unions are “effectively prohibited.” So it seems there’s no need to worry about a Florida police union’s having too much power.
Prosecution and police roundup
- Appalling: localities partner with tax-farming “probation” firms to run up routine misdemeanor fines into crushing debts for citizenry [NYT, Tuccille/Reason] “Pay Up: Criminal Justice Debt in Philadelphia” [Penn Law/YouTube, Brennan Center]
- “The institute estimates a wrongful conviction rate in sex assault cases of between 8-15%” [Richmond Times-Dispatch; Urban Institute via Balko] For the guilty, marginalization may worsen recidivism: “Do Sex Offender Registries Make Us Less Safe?” [Prescott, Regulation mag, PDF] Sex-offense detention for dollars [Greenfield]
- Majority of Florida voters support Stand Your Ground [Quinnipiac; Glyn/NRO; earlier, Sun-Sentinel] Collection of cases in which Florida SYG defense was asserted [Tampa Bay Times; Ta-Nehisi Coates; Jacob Sullum on TBT’s slant, related by Sullum here and here] Bipartisan origins of Florida SYG statute differ greatly from what you may have heard [Daily Caller, auto-plays video] “Two studies on Stand Your Ground” [Robert VerBruggen/NRO] Florida lawyer Troy Webber’s analysis of law [Hussein & Webber] Related: Jeralyn Merritt.
- Problems with police dogs as evidence [Balko, Greenfield]
- Tennessee: “Mom jailed for letting kids play at park” [Lenore Skenazy, Free-Range Kids, related]
- Tenth Circuit adopts broad view of already-broad federal wire fraud statute [Paul Enzinna/PoL]
- New Gotham law will fine taxi drivers up to $10K for giving ride to a prostitute, drivers will have to take a course on recognizing what hookers look like [Amy Alkon]
“Lawyer: Suspend murder trial so I can compete in Hemingway look-alike contest”
Attorney Frank Louderback, representing murder defendant Jerry Bottorff, asked the judge to suspend his client’s scheduled trial on July 20.
Why?
He’s entered the annual Ernest Hemingway Look-a-Like Contest at Sloppy Joe’s in Key West and doesn’t want to miss it. The winner will be crowned on July 21.
A judge turned down the request, pointing out that the trial date had been announced long previously, and wished Louderback the best of luck in next year’s look-alike contest. [Miami Herald, MSNBC]
When prosecutors threaten to sue over criticism
Popehat’s Ken and Ron Littlepage of the Florida Times-Union on Angela Corey, the evidently thin-skinned Florida special prosecutor in the Martin-Zimmerman case. A letter Corey sent to the Florida Times-Union, in Ken’s view, “betrays anger management issues, entitlement problems, a weak grasp of pertinent First Amendment law governing statements of opinion, and a rather frightening attitude from a government official with such power.” Earlier here and here.
Torts roundup
- “Fla. jury awards $75M to family of dead smoker” [AP] Bad trends catch on 10+ years later up North: Quebec becomes fifth province to sue tobacco companies [Montreal Gazette] We passed a law to let us win, so there: “Manitoba sues tobacco companies” [provincial press release]
- “Can There Be Liability When Sending Texts To A Driver?” A debate [Ray Mollica and Mark Bower, Turkewitz; earlier here and here]
- Ted Frank vs. Ron Unz on Vioxx health effects [PoL, American Conservative]
- Major Florida PI firm denies State Farm claims-inflation allegations [Orlando Sentinel]
- East St. Louis, Ill.: jury awards nearly $179 million to 3 injured grain elevator workers [Post-Dispatch]
- Siding with plaintiff’s bar, Minnesota Gov. Dayton vetoes legislation reducing state’s general statute of limitations from six years to four, reducing prejudgment interest from current 10%/year, reforming offer of settlement rules, and allowing interlocutory class certification appeal [NFIB] He does however sign one protecting state/local governments [Star-Trib]
- Multiple asbestos claims raise eyebrows in Delaware [SE Texas Record] On trends in asbestos litigation [Ben Berkowitz, Reuters]
Judge: flashing headlights to warn of speed trap is protected speech
Florida cops have made a practice of ticketing drivers who warn others about speed traps by flashing their lights, despite uncertainty as to whether state law actually does prohibit such flashing. Now a judge in Sanford, Fla. has ruled that Ryan Kintner of Lake Mary not only was within his rights under state law when he flashed his headlights, but was engaging in speech protected by the First Amendment. [More, Jalopnik, Volokh; Orlando Sentinel] (& welcome Above the Law, Reason, Cato at Liberty, Amy Alkon readers)
Tanks but no tanks
Coyote fails to appreciate a Florida law regulating propane storage for RVs.
Will Stand Your Ground change the outcome of the Martin/Zimmerman case?
The Orlando Sentinel asked me to analyze how Florida’s Stand Your Ground law affects the Trayvon Martin shooting case. I conclude that in most likely scenarios, the law will make no difference one way or the other on George Zimmerman’s guilt or innocence, though it does help him on some points of procedure. Jacob Sullum has related thoughts at Reason (more at Cato).
The other piece in the point-counterpoint is from Florida prosecutor Buddy Rogers who emphasizes that claims of justifiable homicide have risen sharply (from 12 to 33 a year), even if homicides per capita themselves have not. I took a look at the crime numbers in this Cato post.
To answer a question, it was the Sentinel editors who elected to describe the antagonists in the Sanford confrontation by way of a given name for one (“Trayvon”) but a surname for the other (“Zimmerman”). My own inclination is to use a surname for both.
Michael Mannheimer has an important post on the role of “provocation” in the Martin/Zimmerman case at PrawfsBlawg. Earlier here, here, and here.
P.S. David Kopel similarly argues that Zimmerman’s guilt or innocence (depending on which version of events is accepted) is no different in Florida from what it would be under the law of New York or any other state; he also defends the rationale for Florida’s use of an immunity, which he argues “does not change the law, but… apparently is effective at reminding law enforcement officers of the standard they are required to obey” under court precedents forbidding arrest without probable cause.