Polk Law Blog

Atheists of Florida File Brief in Lakeland Prayer Appeal

Kemp Brinson — Sun, 13 May 2012 15:42:38 +0000

In the latest move of the legal battle over prayers at Lakeland city commission meetings, Atheists of Florida, Inc. has filed its initial brief in the 11th Circuit Court of Appeals. The brief argues that the appeals court should reverse a February order from a federal trial court judge in Tampa that resolved the case [...]

What the Law Actually Says About Requiring ID to Attend School Board Meetings

Kemp Brinson — Mon, 16 Apr 2012 14:28:46 +0000

As reported in The Ledger, members of the public who wish to attend meetings of the Polk County School Board must show identification to get in. The article quotes Barbara Peterson, a lawyer and President of the First Amendment Foundation in Tallahassee, as saying that this practice is clearly unlawful: “They simply can’t do it; [...]

Senate Redistricting Invalidated, Cue Calls to Fire Justices

Kemp Brinson — Fri, 09 Mar 2012 18:43:54 +0000

The Florida Supreme Court has ordered their sister branches of government to re-redistrict Florida Senate districts, finding that the new districts violate the ”Fair Districts” amendment to the Flirida Constitution passed in 2010. House Districts were left alone. Press coverage abounds, e.g., see The Ledger. The opinion of the court is a monster, weighing in [...]

Court Reverses Child Pornography Conviction

Kemp Brinson — Thu, 29 Sep 2011 11:30:12 +0000

The Second District Court of Appeals has reversed the conviction of Lakeland’s Danny Lynn Parker, who was convicted of possession of child pornography. The Ledger has a good write-up. The photos at issue were of adults engaged in sexual conduct with photographs of the heads of minors attached to their bodies. The opinion is fairly [...]

Defending Grady Judd’s Honor

Kemp Brinson — Sun, 07 Aug 2011 13:06:34 +0000

In this installment, we’re going to hear from someone who thinks it’s OK to chat up children online and arrange to have sex with them. It’s been pretty quiet around here lately. One of the disadvantages of doing this as a hobby is that when things get busy, it is tough to keep up. I [...]

Supervisor of Elections Asks to be Removed from Lawsuit

Kemp Brinson — Fri, 27 May 2011 12:07:06 +0000

Polk County Supervisor of Elections Lori Edwards has filed a motion to dismiss seeking to be removed as a party to the pending county commissioner term limit/salary cap lawsuit. Ms. Edwards’s Motion to Dismiss does not address the merits of the argument. Instead, she simply alleges that she has not begun qualifying candidates for the [...]

Tea Party Group Asks to Intervene in Term Limit, Salary Cap Lawsuit

Kemp Brinson — Thu, 26 May 2011 12:11:09 +0000

John Hall and the “Lakeland Tea Party and 912 Project” have filed a motion to intervene in the lawsuit filed by Sam Killebrew to overturn the salary caps and term limits of Polk County Commissioners. Document: Motion to Intervene and Motion to Dismiss The Motion has two functions. First, it asks the court to allow Mr. [...]

Who Will Defend the County Charter?

Kemp Brinson — Wed, 25 May 2011 12:05:02 +0000

Earlier this month, Polk County and the Clerk of Court filed their answers in Killebrew v. Edwards, a case challenging the constitutionality of two provisions in the Polk County charter. One of those provisions sets term limits for county commissioners. The other caps commissioner salaries. Documents: Answer of Polk County Answer of Clerk of Court [...]

Prosecutor’s Integrity Results in New Trial for Convicted Arsonist

Kemp Brinson — Fri, 06 May 2011 12:01:32 +0000

A Polk County Sheriff’s Deputy’s comments at a trial resulted in the Second District Court of Appeals ordering a new trial in a Polk County arson case. The comments were voluntarily brought to the trial court’s attention by the prosecution. According to the opinion, defendant Ascour Natan was convicted of aggravated stalking and arson in [...]

Details of County Commissioner Term Limit/Salary Cap Lawsuit

Kemp Brinson — Wed, 04 May 2011 15:43:03 +0000

The Complaint filed by Polk businessman Sam Killebrew has been released by the Clerk of Court. The Document Complaint, Killebrew v. Edwards The Basics There is only one plaintiff, Sam Killbrew, who is filing suit in his individual capacity as a voter. He seeks to have the term limit and salary cap provisions for county [...]