Loran Cole’s execution is scheduled for this Thursday, August 29, at 6:00. Yesterday, Cole filed his petition for writ of certiorari and an application for stay of execution at the U.S. Supreme Court.
I am a retired DP defense attorney, so am not up to snuff on FL litigation - which is why I joined this site. I note, however with interest that the FL SCt. did not entertain his companion claims alleging or claiming 8th Amendment "cruel and unusual punishment" for being one of many survivors in an infamous state-run Boys' Institution which became the basis for many lawsuits for unlawful treatment of youths housed there, Cole being one of them. The Governor is now being asked to stay the execution based on this fact, I presume as he signed off on a settlement of civil cases making the State liable for damages on all youth inmates.
1. Given the present situation, was Cole procedurally barred from citing this as a state/federal constitutional violation? 2. If present in the record, were there any grounds for IAC in failing to cite to that "cruel and unusual (conduct) in trial? or was that already argued and dismissed at the appellate/writ level?
As a former 'inmate' at the Okeechobee division that is mentioned as equally horrible as Marianna [ or Dozier as they like to call it now] I have asserted for decades that Florida's Juvenile system created the monsters they claim to want to prevent. They aren't letting this guy go free and could use him as a spokesperson to young offenders. He of all people could alert these children that to stop rebelling now, while young is the wise thing to do rather than end up like himself. I was one of the lucky ones. I survived the beatings that often led to a boys death and after three of them I got the hell out of there by becoming invisable. The saddest thing to me is it is still going on. Florida's Juvenile system can't self correct and refuses to change enough to slow the abuse within their system. I would like to see this man get life without parole if possible. The issue is if someone sticks their neck out and this man kills again, then what? I'll leave it there but would still take another look at life without parole for him. Still those who survived his killings - their families and friends deserve input too. END OF RANT
You might want to forward this to Abe Abramowicz of Death Penalty Action; we are flooding the Governor's office with emails and phone calls this week for clemency action on his part. I appreciate your comments my self and you might want to forward both emails to his link. I can understand why what happened to you would turn you into a person with serious psychological difficulties; the court and legal system just does not seem to grasp that sorry fact.
I am a retired DP defense attorney, so am not up to snuff on FL litigation - which is why I joined this site. I note, however with interest that the FL SCt. did not entertain his companion claims alleging or claiming 8th Amendment "cruel and unusual punishment" for being one of many survivors in an infamous state-run Boys' Institution which became the basis for many lawsuits for unlawful treatment of youths housed there, Cole being one of them. The Governor is now being asked to stay the execution based on this fact, I presume as he signed off on a settlement of civil cases making the State liable for damages on all youth inmates.
1. Given the present situation, was Cole procedurally barred from citing this as a state/federal constitutional violation? 2. If present in the record, were there any grounds for IAC in failing to cite to that "cruel and unusual (conduct) in trial? or was that already argued and dismissed at the appellate/writ level?
P. Johnson
As a former 'inmate' at the Okeechobee division that is mentioned as equally horrible as Marianna [ or Dozier as they like to call it now] I have asserted for decades that Florida's Juvenile system created the monsters they claim to want to prevent. They aren't letting this guy go free and could use him as a spokesperson to young offenders. He of all people could alert these children that to stop rebelling now, while young is the wise thing to do rather than end up like himself. I was one of the lucky ones. I survived the beatings that often led to a boys death and after three of them I got the hell out of there by becoming invisable. The saddest thing to me is it is still going on. Florida's Juvenile system can't self correct and refuses to change enough to slow the abuse within their system. I would like to see this man get life without parole if possible. The issue is if someone sticks their neck out and this man kills again, then what? I'll leave it there but would still take another look at life without parole for him. Still those who survived his killings - their families and friends deserve input too. END OF RANT
You might want to forward this to Abe Abramowicz of Death Penalty Action; we are flooding the Governor's office with emails and phone calls this week for clemency action on his part. I appreciate your comments my self and you might want to forward both emails to his link. I can understand why what happened to you would turn you into a person with serious psychological difficulties; the court and legal system just does not seem to grasp that sorry fact.
Phil Johnson