Polk Law Blog

Atheists of Florida Amend Lakeland Complaint to Address Changes to Invocation Policy

Kemp Brinson — Thu, 19 Aug 2010 21:05:02 +0000

The Atheists of Florida have amended their complaint in their lawsuit against the City of Lakeland seeking to have the invocations conducted by the Lakeland City Commission held unconstitutional. Download Documents: First Amended Complaint and Verification Exhibit A – letter number 1 Exhibit B – letter number 2 Exhibit C – new invocation policy My previous [...]

Amendment 9 Case Briefed and Ready – Result Is Anyone’s Guess

Kemp Brinson — Fri, 13 Aug 2010 10:00:33 +0000

The Florida Supreme Court Case concerning Amendment 9 (Dept. of State v. Mangat), which attempts to make it impossible to require Floridians to purchase health insurance, is in full swing. Amendment 9 is a direct response to federal health care reform, but it is doubtful that Amendment 9 would have any effect on federal health [...]

A Kagan-Inspired Challenge: Read the Federalist Papers

Kemp Brinson — Mon, 09 Aug 2010 10:00:04 +0000

This was going to be a Fourth of July post, but I got sidetracked. I was on my way home after a deposition in late June or early July during the confirmation hearings for Elena Kagan. WMNF in Tampa was broadcasting audio from the hearings. I happened to catch an exchange with Republican Senator Coburn [...]

Prohibition on Adoption By Homosexuals In Florida In Question

Kemp Brinson — Thu, 05 Aug 2010 10:10:57 +0000

In light of the recent decision in Perry v. Schwarzenegger, a California federal case released yesterday that finds state bans on same sex marriage unconstitutional, I thought it would be interesting to check in on a gay rights issue that has implications closer to home: adoption. In Florida, unlike any other state in the entire [...]

Read the Resolution of Lakeland City Commission re Invocations

Kemp Brinson — Mon, 02 Aug 2010 19:07:14 +0000

The Ledger is reporting that the Lakeland City Commission has passed a resolution concerning their invocation policy. (UPDATE 8/3/2010: The Ledger has a more detailed article this morning.) The new policy is clearly designed to help the City get out of the recent lawsuit filed by the Atheists of Florida. You can read the draft [...]

Read Court’s Order Removing Amendment 9 From Ballot

Kemp Brinson — Fri, 30 Jul 2010 19:46:04 +0000

The Order of the 2nd Circuit Court for Leon County that removes Amendment 9 from the Ballot has been released to the public and is available for download: Final Order in Mangat v. State. The Court’s ruling is straightforward and, I believe, correct. Basically, it boils down to this: The summary contains three statements in its [...]

Twenty-Seven Apply for Polk County Judge Position

Kemp Brinson — Thu, 15 Jul 2010 12:53:46 +0000

The Florida Bar has published the names of the applicants for an open seat on the Polk County bench. County court judges hear civil cases when less than $15,000 is at issue, misdemeanors, and traffic cases. There are some good people on this list. I have included some very brief biographical info on each, culled [...]

Atheist Group Sues Lakeland: Initial Analysis of the Lawsuit

Kemp Brinson — Tue, 13 Jul 2010 10:30:28 +0000

A group called the Atheists of Florida announced that they have filed suit in U.S. District Court in Tampa against the City of Lakeland challenging the City’s current practice of having invocations before the start of its city commission meetings. The group posted a copy of the complaint on their website, but it is not signed and does [...]

Sheriff’s New Jail Phone Policy May Violate U.S. Constitution (Or Maybe It Doesn’t)

Kemp Brinson — Tue, 22 Jun 2010 09:32:33 +0000

A late-breaking article from The Ledger Monday reported on a spat between the Polk County Sheriff’s Office and our local public defender. According to the article, the Sheriff claims that, pursuant to a state Supreme Court decision, the Polk County Jail has the right to record phone calls between inmates and their lawyers. The public [...]

Dying Declaration Provides Textbook Application of Rule of Evidence

Kemp Brinson — Tue, 08 Jun 2010 10:30:29 +0000

The story is tragic, and those of us from around here probably remember it well. The Ledger is running a story about a recent ruling from a judge in Polk County in the murder trial of Leon Davis. Apparently, one of his victims, while death was imminent, made a recorded statement identifying Davis as her [...]