Notice: Proposed criminal rules amendments

Posted On Dec 19 2020 by

first_img: Proposed criminal rules amendments In response to the Supreme Court’s request in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.993, 797 So. 2d 1213 (Fla. 2001), the Court’s Committee on Post Conviction Relief in Capital Cases has filed its proposed amendments to Florida Rule of Criminal Procedure 3.851(h), which addresses the procedures to be followed in capital cases after a death warrant is signed by the Governor.The court invites all interested persons to comment on the committee’s proposed amendments, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and seven copies of all comments must be filed with the court on or before May 1, with a certificate of service verifying that a copy has been served on the committee chair (Chief Judge Stan R. Morris, Eighth Judicial Circuit, Alachua County Courthouse, 201 East University Avenue, Gainesville 32601) as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which has been scheduled in this case for June 5. IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851(h), SC02-526. Rule 3.851. Collateral Relief After Death Sentence Has Been Imposed And Affirmed on Direct Appeal. (a) – (g) No Change (h) After Death Warrant Signed. The time periods provided for under this rule shall be expedited after a death warrant has been signed. (1) Judicial Assignment. The Chief Judge of the circuit shall assign the case to a judge qualified under the Rules of Judicial Administration to conduct capital cases as soon as notification of the death warrant is received. (2) Calendar Advancement. Proceedings after a death warrant has been issued shall take precedence over all other cases. The assigned judge shall make every effort to resolve scheduling conflicts with other cases including cancellation or rescheduling of hearings or trials and requesting senior judge assistance. (3) Schedule of Proceedings. The time limitations in this rule shall not apply after a death warrant has been signed. All motions shall be heard expeditiously considering the time limitations set by the date of execution and the time required for appellate review. A stay of execution should only be granted when orderly disposition of the case requires it due to logistical difficulties, unavailability of witnesses or other unavoidable circumstances. (4) Venue. The traditional provisions for venue are suspended while a death warrant is pending. Venue shall be determined by the trial judge considering the availability of witnesses or evidence, the security problems involved in the case, and any other factor determined by the trial court. (5) Postconviction Motions. All motions filed after a death warrant is issued shall be considered successive motions and subject to the content requirement of section (e)(2) of this rule. (6) Presence of the defendant. The defendant shall be present in person if practical or, if not, electronically, at all evidentiary hearings and at any hearing involving change of counsel after a death warrant has been issued. (7) Case Management Conference; Evidentiary Hearing. The assigned judge shall schedule a case management conference as soon as reasonably possible after receiving notification that a death warrant has been signed. During the case management conference the court shall set a time for filing a postconviction motion and shall schedule a hearing in accordance with section (f)(5)(B) of this rule. (8) Reporting Evidentiary Hearing. The assigned judge shall require the proceedings conducted under death warrant to be reported using the most advanced and accurate technology available in general use at the location of the hearing. The proceedings shall be transcribed expeditiously considering the time limitations set by the execution date. (9) Procedures After Evidentiary Hearing. The court shall obtain a transcript of the evidentiary hearing and shall render its order in accordance with section (f)(5)(D) of this rule as soon as possible after the hearing is concluded. A copy of the final order shall be electronically transmitted to the Supreme Court of Florida, and to the attorneys of record. (10) Transmittal of Record. The record shall be immediately delivered to the Clerk of the Supreme Court of Florida by the Clerk of the trial court or as ordered by the assigned judge. A notice of appeal shall not be required to transmit the record. Notice: Proposed criminal rules amendments Notice April 1, 2002 Noticeslast_img read more


Islamophobia, Anti-Muslim Backlash & Domestic Terrorism

Posted On Dec 18 2020 by

first_imgIn Texas, armed protesters congregated near a mosque under the auspices of stopping the “Islamization of America.”In Pittsburgh last week a Moroccan cab driver was shot after a passenger complained about ISIS.The door of a mosque in Pflugerville, Tx was covered in feces and verses from the Koran were ripped from its spine.In Cincinnati, a woman wearing a hijab was the victim of verbal attacks. Another woman in the same city was called a “terrorist” and nearly run over by an enraged driver before a group of people intervened and pulled her safely onto the sidewalk.In St. Petersburg, Fla. authorities are investigating a profanity-laced threat directed at an Islamic Center.A community forum in Spotsylvania County, Va. devolved into an anti-Muslim shouting match when a local engineer attempted to share designs of a new mosque to residents amid racist condemnations that “every Muslim is a terrorist” and “Muslims is evil!” Yet, in this country, it’s domestic terror that’s shattering lives.On Friday, three people, including a beloved police officer, were killed during a five-hour long siege at a Planned Parenthood healthcare facility in Colorado. The alleged gunman’s motive remains unclear, but multiple news outlets have quoted an unidentified law enforcement source as saying the suspect mentioned “no more baby parts” in an interview with authorities. Law enforcement officials in Colorado have yet to confirm if a reference to fetal tissue was ever made. But Planned Parenthood suggested in a Tweet that the attack was politically motivated, and its supporters have characterized the shooting as an act of domestic terrorism.We now know the man responsible for the tragic shooting at PP’s health center in CO was motivated by opposition to safe and legal abortion. — Planned Parenthood (@PPact) November 29, 2015Similarly, Black Lives Matters protesters in Minnesota said they too were victims of domestic terror, when five people taking part in a demonstration were wounded amid gunfire. “We are tired of your (expletive) and I (expletive) personally have a militia that is going to come down to your Islamic Society of Pinellas County and firebomb you and shoot whoever is there in the head,” a man said in a voicemail left for Islamic Center of St. Petersburg in Florida. “I don’t care if they are (expletive) 2 years old or 100.” It’s that same fear of reprisal—for merely adhering to a religion that extremists have bastardized to justify unfathomable bloodshed—which Muslims have dreaded since 9/11. An absolutely horrific demonstration of Islamophobia in the U.S. https://t.co/wMFZD6n7Ci— INSIDER (@thisisinsider) November 27, 2015 Tonight, white supremacists attacked the #4thPrecinctShutDown in an act of domestic terrorism. We need you here…Posted by Black Lives Matter Minneapolis on Monday, November 23, 2015center_img Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York More than two weeks have passed since explosions and gunfire erupted in the streets of Paris, and the world remains transfixed on how gun-toting extremists were able to evade dragnet security before wreaking havoc on the City of Lights, killing 130 people.In the United States, the threat of terror has dominated the nation’s politics in an already bitter presidential campaign season. Presidential hopefuls seeking the GOP nod are flexing their muscles at the self-declared Islamic State in Iraq as well as at war-weary Syrian refugees fleeing the very same apocalyptic extremists these bellicose White House aspirants have pledged to defeat.Those vying for the nomination have chastised President Obama for failing to do enough to weaken ISIS. Driven by fear of the unknown, politicians have publicly come out against Obama’s plan to welcome 10,000 Syrian refugees into the country, despite the already rigorous, multi-layered screening process that already exists. Meanwhile, former Florida Gov. Jeb Bush and Sen. Ted Cruz (R-TX) said the United States should adopt a “religious test” so only Christian refugees would be permitted to enter the country, and Donald Trump has set his sights on Muslims at home, suggesting all Muslims carry IDs and be surveilled at mosques.The billionaire real estate magnate also claimed he saw “thousands” of Muslims in New Jersey celebrating the destruction of the Twin Towers on Sept. 11, 2001—a claim that has been debunked over and over by New Jersey’s elected officials and his fellow Republican challenger, Gov. Chris Christie.Either @realDonaldTrump has memory issues or willfully distorts the truth, either of which should be concerning for the Republican Party— Steven Fulop (@StevenFulop) November 22, 2015Aside from ISIS and Syrian refugees, it’s the millions of Muslim Americans—doctors, lawyers, professors, shop owners—who bear the brunt of rhetoric emanating from the stump, where the truth is often drowned out by grandiose proclamations, fist pumping, and enthusiastic roars from a sympathetic audience—an exercise in democracy that candidates from both parties enjoy. But since the Paris attacks, the backlash against Muslims in America has been swift and disturbing. Four men have since been charged in connection with the shooting. Authorities in Minnesota said some of the men were filmed making derogatory comments about blacks and one man’s cell phone contained “racist images.”“They refer to African Americans in derogatory terms, say they are going to do some ‘reverse cultural enriching’ and ‘make the fire rise,’” according to a criminal complaint released in the case. In the video shot before the shooting, one of the men is seen brandishing a handgun and proclaiming: “Stay White.”The most severe terror attack on domestic soil this year was in Charleston, S.C., where a gunman attending Bible study at a historic black church in June gunned down nine God-loving people. Investigators later found photos of the alleged suspect posing with a Confederate flag and wearing South African apartheid-era patches on his clothes. A manifesto purportedly penned by the suspect paints a portrait of a man unhappy with progress made by African Americans over the years.Since the Sept. 11, 2001 attacks, right-wing extremists have killed more people (48) than radical Jihadists (26), according to terror statistics compiled by Washington D.C.-based New America Foundation.A report released by the National Consortium for the Study of Terrorism and Response to the Terrorism at the University of Maryland in July 2014 found that the chief concern among local authorities across the country was the right-wing “sovereign citizens” movement, not Islamic extremism, which ranked lower.Despite the growing body of data, domestic terror has gone largely unmentioned by Republican contenders on the presidential campaign trail. Talk of potential attacks on US soil has been aimed mostly at Muslim Americans, despite Islamic groups across the country continuing to condemn atrocities in the name of their religion that 1.6 billion people follow around the world. One Muslim leader on Long Island said a week after the attacks that the Islamic State is an “illegal state” and does not represent Islam.Trump recently lamented New York City’s decision to disband NYPD’s so-called Demographics Unit, which spied on Muslims in the five boroughs, New Jersey and on Long Island. When the unit was active, however, it did not open a single terrorism investigation on local Muslims.Muslims groups and their supporters insist that anti-Muslim sentiment and negative comments about Syrian refugees only plays into extremists’ hands.“We as Muslims strongly condemn these un-Islamic actions,” Dr. Isma Chaudry, president of the Islamic Center of Long Island, said one week after the Paris attacks. “This is not Islam. ISIS is not Islam. Muslims are not violent, barbaric people. This is a small group of criminals and we, by dividing ourselves, are making them big.”last_img read more


Indonesia’s financial system at risk amid pandemic: KSSK

Posted On Oct 19 2020 by

first_imgThe COVID-19 pandemic is threatening the stability of Indonesia’s financial system, as it causes a supply-demand shock and weakens the country’s financial industry and macroeconomy, according to the Financial System Stability Committee (KSSK).Finance Minister Sri Mulyani Indrawati, who serves as the committee’s chair, said on Monday that the supply-demand shock and lower gross domestic product (GDP) outlook posed a “serious threat” to financial system stability. The KSSK was on alert over risks caused by the pandemic.“The coronavirus poses a serious threat to the economy and also to the financial system stability,” Sri Mulyani told reporters during a media briefing after the KSSK completed its quarterly assessment. “Financial system stability […] is on the alert status.” During the first quarter, the country’s financial markets were badly hit as foreign investors sold a net of around Rp 145 trillion (US$9.72 billion) worth of Indonesian assets as they flocked into safe havens. The capital outflow was towering compared to Rp 69.9 trillion recorded during the 2008 global financial crisis and Rp 36 trillion during the taper tantrum period in 2013, the KSSK revealed.The situation saw the rupiah fall to its lowest level in history at Rp 16,575 per US dollar on March 23, down 15.8 percent from February, according to the committee data. The currency has since recovered a bit, gaining 10.21 percent as of April 30 compared to late March, as the government issued $4.3 billion worth of global bonds in early April.The OJK revealed on Monday that loan growth in the banking industry amounted to 7.95 percent yoy in the first quarter, higher than the 6.08 percent recorded at the end of last year. However, no new loan demand was recorded in the period, as the growth came from the disbursement of existing credit facilities, OJK chairman Wimboh Santoso said.The nonperforming loan (NPL) ratio increased to 2.77 percent during the period versus 2.53 percent in December.Read also: Reform of Indonesia’s sluggish manufacturing sector urgently needed: Analysts“The uncertainties require strong measures in mitigating risks to macroeconomic and financial system stability,” the committee said. “The macroeconomic policy mix and a string of measures in the health sector are believed to be able to reduce the risks to macroeconomic and financial stability in general and gradually boost economic recovery.”Sri Mulyani said Regulation in lieu of Law (Perppu) No. 1/2020 provided the legal basis for financial authorities to take extraordinary measures in response to the virus risks.The Perppu provides the legal basis for the government to widen its state budget deficit beyond the normal 3-percent-of-GDP threshold, as it needs money to fund its battle against the impact of COVID-19. It also allows the central bank to directly purchase government bonds from the auctions, whereas previously BI was only allowed to buy such debt papers in the secondary market.BI Governor Perry Warjiyo said the central bank had used all its monetary instruments to maintain macroeconomic stability and help bolster the virus-battered economy.“With a low inflation level, we see room for lowering interest rates when the market stabilizes,” Perry Warjiyo said. “We have also injected liquidity of Rp 503.8 trillion to banks and the financial market, including by buying government bonds through the secondary market.”The central bank cut its benchmark interest rate to 4.5 percent in the first quarter this year. It also boosted market interventions in March to stabilize the rupiah through bond buying and inking repurchase agreements worth $60 billion with the United States Federal Reserve, among other central banks, to boost dollar liquidity supply.Read also: Businesses worry easing restrictions could prolong recoveryGoing forward, the KSSK pledged to strengthen its synergy and extensive measures to ensure macroeconomic and financial system stability. It would also closely watch potential global risks and the COVID-19 spread and its impacts on the domestic economy.Perbanas Institute economist Piter Abdullah said slowing economic activity due to physical restrictions might dry up liquidity among businesses, adding that it would put pressure on banks’ liquidity as businesses were unable to meet their debt service obligations.“While liquidity pressure has yet to cause any massive damage to the economy, many businesses can survive only until June,” Piter told The Jakarta Post. “Thus, financial authorities must roll out greater liquidity support for businesses and banks to enable them to survive, as that will also minimize risks to the financial system.”Topics : The other KSSK members are the finance minister, Bank Indonesia (BI) governor, Financial Services Authority (OJK) chairman and head of the Deposit Insurance Corporation (LPS).Read also: Consumer spending to contract in 2020 as pessimism takes holdIndonesia’s gross domestic product (GDP) grew 2.97 percent year-on-year (yoy) in this year’s first three months, the lowest level seen since 2001.The economy has almost come to a halt following physical distancing measures implemented by businesses and consumers to contain the coronavirus spread. The KSSK expects the economy to grow at 2.3 percent this year, a marked slowdown from 5.02 percent in 2019.last_img read more


Silver for Phillips in 200M at South American Youth Games

Posted On Sep 19 2020 by

first_img– King narrowly miss podium in Boys 200MKENISHA Phillips’ memorable showing at the South American Youth Games continued yesterday, when she picked up another Silver, this time in the 200M.Phillips had won Silver in the 100M and narrowly missed a ‘top of the podium’ finish in the 200M, having ran 24.40 seconds, behind Colombia’s Angie Echeverria who copped Gold with 24.33 seconds. Another Colombian, Shary Quiñonez (24.81 seconds) was third.Jermaine King, who won silver in the 100M, just missed the podium in the 200M, placing 4th (22.11 seconds) behind Brazilian Lucas Vilar (22.02 seconds). Colombians Sebastian Berrueco (22.07 seconds) and Gian Carlos Mosquera (22.09 second) finished second and third respectively.Meanwhile, in the Girls long jump, Guyana’s Annalisa Barclay’s leap of 5.12 metres was only good enough to see her finishing fifth in the event.The South American Youth Olympic Games is a regional multi-sport event organized by the Organización Deportiva Suramericana (ODESUR).The games are held every four years consistent with the current Olympic Games format and the first edition was held in Lima, Peru, from September 20 to 29, 2013. The age limit for athletes is 14 to 18.last_img read more