Move to repeal a criminal procedure rule fails Senate lets die a measure that would have altered when retardation is determined in death cases May 15, 2006 Regular News Move to repeal a criminal procedure rule fails Mark D. Killian Managing Editor A bill to overturn a criminal procedural rule on when to determine whether a murder defendant is retarded cleared the Florida House April 25, but died when the Senate failed to take it up as the legislative session wound down.Representatives voted 83-34, the two-thirds needed, to revoke Rule of Criminal Procedure 3.203, which was approved by the court in 2004. The Senate companion, SB 1904, sponsored by Sen. Rod Smith, D-Gainesville, who is also a candidate for governor, was reported favorably by the Senate Criminal Justice Committee and was before the Senate Judiciary Committee when the session ended.The bills said the determination should be made after trial in potential death penalty cases where the defendant claims retardation. In a concurring opinion to the court’s 2004 ruling, Justice Raoul Cantero argued the pretrial determination would provide for the most efficient use of judicial and legal resources.The legislature in 2001 approved a law banning execution of the mentally retarded, but said the determination should be made in the penalty phase of a death case, after the defendant is convicted in the trial. A year later, the U.S. Supreme Court held that executing the mentally retarded violated the U.S. Constitution.“This bill repeals a rule of procedure adopted by the court which is in conflict with the statute that we voted on,” said Rep. Dick Kravitz, R-Orange Park, the measure’s sponsor, adding that it is not efficient to hold hearings on retardation in capital cases until a defendant is convicted.“Under the statute the hearing would not be needed in any of the following circumstances — if the jury recommended a life sentence, where the defendant was convicted of a lesser charge, or the defendant was acquitted,” Kravitz said.Rep. Chris Smith, D-Ft. Lauderdale, however, argued it would be more fiscally responsible to have retardation hearings pretrial to know before the trial begins if the death penalty can be imposed.Rep. Jack Seiler, D-Pompano Beach, said there were 962 capital defendants last year and in about one-third of those cases the issue of mental retardation was raised. He said holding the retardation hearing on the front end would save up to $3 million in penalty phase hearings and trial costs in capital cases. He also asserted the bill was never properly referred to an appropriate fiscal committee and moved the bill be sent to one before a floor vote. That motion was defeated.Kravitz responded that the staff analysis of his bill found no fiscal impact and asked legislators not to confuse the issue of mental competency to stand trial, performed at the front end, with the post-trial determination of mental retardation.Rep. Bruce Kyle, R-Ft. Myers also noted the Supreme Court never struck down the statute requiring post-trial mental retardation determination.“They never said it was unconstitutional or wrong,” Kyle said. “They just said, ‘You know what? We are just going to choose to ignore the policy that you passed and put into the statutes on how to handle this process.’ And [the court] put in a rule. The issue really is: Do you want to repeal the rule and stand with the current law that was already debated and passed by you or go with what the Supreme Court decided legislatively on its own as the appropriate process for this?”Smith, however, said, “This is one case where the people who actually try the cases; people that actually do the work; people who actually look at this day-to-day said, ‘You know what? That is actually backwards the way the legislature is trying to do this. So we are going to save the state some money and do the right thing. We are going to set this rule the way it should be.’ Let’s not just get excited about their methodology and ignore their reasoning. Let’s not get so high and mighty as a legislature and get our dander up because the Supreme Court did something that is common sense.”Rep. Jeff Kottkamp, R-Cape Coral, said the court should not have overridden the intent of the legislature in this situation. “So it is an important statement about how our three branches of government are supposed to work,” Kottkamp said.
In the latest installment of our magical journey down the River Nile.CCTV Africa is collaborating with Egypt’s state media to deliver this special coverage on the River of Life
ELLSWORTH — The Ellsworth wrestling team posted one of its best finishes of the season when it placed third at Saturday’s regional championships in Caribou.Ellsworth’s Logan Lord avenged his only two losses this season when he defeated Medomak Valley’s Steven Thompson in the 138-pound title bout. Peyton Cole added another win for the Eagles by winning at 152 pounds, and Trent Goodman defeated Bucksport’s Brody Boynton for the 170-pound crown.The Golden Bucks finished the day fourth. David Gross continued his dominance in the 285-pound weight class when he pinned Foxcroft’s Matt Storer in the final. Foster Ashmore won the 120-pound consolation title for Bucksport, which also saw Keigan Riccard and Devin Darveau reach the consolation finals.Both schools have wrestlers competing at the state championships next Saturday, Feb. 18. Bucksport will host the competition, which will begin at 9:30 a.m.This is placeholder textThis is placeholder text
The Fuel Masters’ last foray into the playoffs was in the 2017 Commissioner’s Cup where eventual champions San Miguel booted them out in the first round.And Revilla, who was still part of the Kia franchise in 2017, wants nothing more than lead Phoenix to the playoffs of the 2018 Commissioner’s with a familiar teammate beside him.Phoenix import James White was part of the Kia team that went to the 2016 Commissioner’s Cup quarterfinals, and Revilla said he’s excited to have his former teammate with him to help Phoenix get over the hump.“I was excited when we received word that James would be our import,” said Revilla. “He’s going to help us especially in our weak side defense and his length and rebounding would be a big help for us. He would be a big key for us this conference.”ADVERTISEMENT P16.5-M worth of aid provided for Taal Volcano eruption victims — NDRRMC Lights inside SMX hall flicker as Duterte rants vs Ayala, Pangilinan anew LATEST STORIES Judy Ann’s 1st project for 2020 is giving her a ‘stomachache’ If there’s a word that could perfectly sum up Phoenix’ campaign in the PBA Philippine Cup, it has to be “almost.”ADVERTISEMENT James White motivated by Phoenix’s early exit last conference The Fuel Masters survived a do-or-die game against Globalport in their last game of the eliminations, 104-100, only to suffer a 118-97 beating at the hands of TNT for the 8th seed playoff.Point guard LA Revilla knows that Phoenix can take the next step and he vowed that the Fuel Masters will make noise in the upcoming Commissioner’s Cup.FEATURED STORIESSPORTSGinebra beats Meralco again to capture PBA Governors’ Cup titleSPORTSAfter winning title, time for LA Tenorio to give back to Batangas folkSPORTSTim Cone, Ginebra set their sights on elusive All-Filipino crown“We were one game away from making it into the next round,” said Revilla in Filipino after the team’s practice at Upper Deck Sports Center. “I think our battle cry would be that we will redeem ourselves.”Phoenix finished the Philippine Cup with a 5-6 record and was tied with Globalport and TNT but the Batang Pier had the better quotient leaving them in the seventh seed while the KaTropa and the Fuel Masters duked it out for the eighth. Green group flags ‘overkill’ use of plastic banderitas in Manila Sto. Niño feast Sports Related Videospowered by AdSparcRead Next Carpio hits red carpet treatment for China Coast Guard PLAY LIST 02:14Carpio hits red carpet treatment for China Coast Guard02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite03:23Negosyo sa Tagaytay City, bagsak sa pag-aalboroto ng Bulkang Taal01:13Christian Standhardinger wins PBA Best Player award MOST READ Truck driver killed in Davao del Sur road accident Jiro Manio arrested for stabbing man in Marikina Jo Koy draws ire for cutting through Cebu City traffic with ‘wang-wang’ Don’t miss out on the latest news and information. Nadine Lustre’s phone stolen in Brazil Scientists seek rare species survivors amid Australia flames View comments