but the florida supreme court, and this is another problem here, the florida supreme court has recognized that has presented. it is impossible to know even if a simple majority agreed on a single ra vater. >> an aggravator says the murder is particularly heinous. and it can be for a number of factors. so maybe three jurors find that or an officer was also killed or it was in commission with another felony. in a typical case, the finding that the murder was heinous. you have no idea whether the jury as a whole made that determination or if there were 12 different reasons. >> mr. chief justice, florida is the only death penalty state and therefore the only state that does not require or permit the jury to be told that it has to agree and in all other states, it's unanimous. but it cannot be told that a majority has to agree as to the existence of one of the specifying. >> even taken out of the death penalty context, that's true of every jury determination. you could have the jury determining that the person didn't commit the offense because an alibi was good or because somebody else did it

i think the other thing i would have said is, the florida supreme court, and i refer the court to the bevel case, the florida court has said that the 16 aggravating factors that makes one eligible for death are vastly incommensurate in terms of relative levels of culpability, opposite of the predicate of chad. >> i wasn't on the court at the time of ring. is that titled to greater weight rather than great versus georgia -- greg versus georgia? >> i would not be to assign weight to either. ring is certainly predicated on greg if greg hadn't decided there has to be a determinate specific applet reviewable narrowing of sentencing jury's discretion. ring without become up because an aggravating factor would not be an element. >> assuming we agree with justice scalia, you don't really need unanimity. with this still be good law? the case that said we needed a unanimous jury, but 9 out of 12 is okay. do you think 7 out of 5 is okay? >> i hope it was clear from our brief that seven out of five is not ok. it doesn't require this court to overrule -- >> we are not required to do anything. we c

it's waiting for the "florida supreme court" to approve the language. check this out! for the first time since january 2005 -- five planets will appear in the same sky together. and the best part -- you don't even need a telescope. from left to right diagonally-- you'll see: mercury, venus, saturn, mars and jupiter. the stars "an- tares and spica"-- will also twinkle in the same part of the sky. the best time to see them will be early morning from about january 20th to february 20th. smoke alarms saved dozens of lives in fresno, rescued from a second-story apartment! it was all captured by a firefighter's helmet camera. you can see the firefighter-- puts his ladder up to a window-- sees people inside-- and yells for backup. then-- in a heart- stopping moment-- the tenant hands the firefighter her baby through the window. he hands the baby to the firefighter below...and then helps the other family members down. the owner of the property believes someone snuck in to the complex-- and lit a fire in the back stairway. coming up...when sickness keeps kids away from gasparil

>>> florida's death penalty system is ruled unconstitution. that is the message from the u.s. supreme court. -- unconstitutional -- >> luanne: the ruling could have a major impact on the lives of currently on death row. dana jay joins us live here in the studio with more on the decision. >> reporter: consider the death penalty here in florida on hold for the time being because the u.s. supreme court said the way we decide whether or not someone goes to death row is not constitutional because we leave it up to the judge instead of a jury. the u.s. supreme court today handed down their decision based on a case from the panhandle. in that case, the jury was divided on the death sentence because the judge imposed it anyway and the justice said a system that allows that is unconstitutional. the florida supreme court, lawmakers and the attorney general, have a lot of decisions to make in order to figure out what comes next. >> all of my attorneys are trying to deny the opinion and see if we need a legislative change, whether it will affect people who have been sentenced to death and pending death

herman lindsey spent 15 months on death row with oscar ray bolin - until the florida supreme court overturned lindsey's robbery conviction. outside florida state prison... execution opponents gathered to pray... bolin... would get a second chance. for hours after the 53 year old was to be put to death by lethal injection... the us supreme court continued to weigh... whether to halt the execution. fuels frustrations for the victims family and friends... who have waited nearly 3 decades - for this judgement day. only to have sit in the same prison with bolin - wondering if they'd ever get justice... and whether the killer would finally admit what he took from them. mother kathleen reeves knows his death won't bring her daughter back - yet wanted bolin to feel the pain she's felt all these years. before the execution, authorities say bolin was calm and in good spirits... meeting with a spiritual advisor and his wife - who by law... cannot witness the execution. d-o-c says she can claim his body - or the state will bury him. suspects are behind bars accused in an "isis-related terror plot." one m

the florida supreme court declined to hear his appeal saying the court won't be taking the case. connolly is 75 and faces a minimum of an additional 17 years in prison. connolly was convicted in 2002 of helping bulger's police by tipping them off to investigations. he has been ten years in prison on that charge. once he finishes that sentence connolly was convicted in the killing of the president of a florida gambling operation. the former f.b.i. agent was sentenced to 40 years in prison in that case. he has mounted several appeals. legal experts say the appeals to the florida supreme court was his last hope. today that hope vanished. the court deciding they will not hear his case. i'm cheryl fiandaca. >> announcer: now 7 weather with meteorologist jeremy reiner. >> reporter: nasty wind out there this afternoon and even right now. the wind will fade over the next couple of days. the cold will hold on. we watch the potential for a storm this weekend. the last 24 hours, though it, has been showing signs of perhaps trying to lock no a track that would be a little forth south. here i

the death penalty or not. >> the legislature is taking up a bill that would bring florida in line with the supreme court's demands. attorneys for the next man set to die in florida next month have asked for a stay of execution until the florida supreme court can address the issue. tony pipitone. >>> aew bill could block refugees from entering florida. that doesn't point to refugees from specific countries. it singles out immigrants who have been in close proximity to invaders or perspective invaders who train for violent acts of war. the bill comes two months after governor rick scott called for closed florida's borders to refugees from syria. >>> the race is heating up between democratic hopefuls. for months, hillary clinton republican challengers. today bernie sanders is feeling the heat in iowa. less than three weeks away from the state caucuses, sanders is tying the former first lady there and beating her in new hampshire. >> when you have a inton campaign now in trouble and understands they can lose. >> clinton still enjoys the comfortable national lead over sanders. the same survey shows donald trum

. >> the question i now how to proceed in light of the supreme court's ruling this week declaring florida's death penalty statute unconstitutional. we're live at the courthouse. what is the deal here? >> reporter: well, this hearing was scheduled prior to the supreme court decision coming down, and in fact the ruling wasn't even mentioned inside the courtroom today but it does promise to loom over the appeals process. sentenced to death for murder. his trial was last year. the woman was supposed to be a witness against okafor. okafor was not in court today. his attorney told reporters that he does expect the supreme court decision to help his client. not surprisingly, the ruling was upsetting to he victim's father. >> they thought about the savages but didn't think about us victims and there's hundreds of us. out there that are suffering. >> i believe it affects my client's sentence and i believe ultimately that the death sentence will be nullified. >> we also heard today from orange county state's attorney jeff ashton who says he does not expect the supreme court ruling to affect okafor an

florida carried out two executions-- despite the "pending supreme court ruling." we're one of only three states that allow judges to override a jury's suggested sentence. right now the crews of two us navy ships are being questioned in iran. it happened after the pentagon briefly lost contact with the vessels in the persian gulf. officials say the boats were traveling between kuwait and bahrain when "one of the boats" had mechanical trouble. it ran aground near the iran-held "far-see island." iran says the "u-s boats and 10 crew members" are expected to be released today. this comes only two weeks after iranian ships "fired off rockets" in the middle of crowded shipping lanes near an american aircraft carrier. new information about a deadly shooting inside a "wesley chapel movie theater." you may remember former tampa police captain curtis reeves, shot and killed "chad oulson"-- during an argument over texting. now-- oulson's widow is suing "cobb theatres" -- and a theater employee -- claiming they didn't enforce the prohibition on weapons. the suit alleges-- that

he has mounted several appeals in the case and legal experts say his appeal to the florida supreme court was his last hope. again the court deciding today it will not hear his case. in the newsroom, i'm cheryl fiandaca. >> adam: also breaking isis confirming that jihady john is dead. they say he was killed in an air strike last year. he was seen in several of the execution videos including one that showed the brutal murder of journalist james foley. will update you when more information becomes available. >> kim: also on 7 bone chilling out there today. wicked winds, too, nation hard to be outside. without a hat and gloves. the frigate feeling should subside tomorrow. >> adam: of course we're all waiting to learn more about a possible weekend storm. meteorologist jeremy reiner is here with more. >> reporter: i can't wait to learn as well. 20s and 30s those are the winds gusting 25, 35, wind chills down to the single numbers. it feels like 7 in boston, worcester feels like 1. you have a cold evening. the wind is with us for the next couple of hours and the it'll fade away. now the storm w

sentence. >> how can it be in florida that it takes a a jury to find someone guilty but a simple majority to sentence one to death. that's only going to be the next u.s. supreme court case. >>> the case will go back to the florida supreme court and will determine if he gets a new hearing. unless they change it for that. it will be based on the old unconstitutional system. to read it for yourself, log onto our web site. >>> thank you. now a cbs 4 news exclusive. a miami-bound airline passenger accused of going on a violent and drunken rant at 30,000 feet. flight from los angeles. we have onboard video we see only here on 4. live for us in the federal courthouse in downtown miami where the man went before a judge today. whatatappened, ted? >> the passenger is in federal lockup. he's back there, it's a federal jail in downtown miami. we learned morabout him in court and learned that he's 51 from los angeles and that he appeared drunk when he began to about strangely onboard. american flight, robert is accused of causing big problems onboard whwhe he was drunk. martha young sat next to him on the miami flight and got a first-hand view. >> he was arguing with people. he

the supreme court -- the florida supreme court is refusing to grant a new hearing to a brevard county judge whose courtroom confrontation costing his jobs. -- job. judge john murphy says that 2014 outburst is a result of post for magic stress. he wanted the court to change the reason for his removal to the medical instead of disciplinary. one of the backstreet boys is in florida' s jail system this morning, arrested for an alleged fight at a bar. this is a brand-new mug shot of nick carter obtained overnight by wesh 2. carter was taken to the custody -- taken into custody at hogs breath saloon. he is facing one count of battery. tmz reports carter was involved in some sort of fight at the bar. we will find out the nominees the oscar nominations come out today. this is video from last year' s announcement. the announcements will be made by guillermo del toro, angry, john krasinski and at academy president cheryl boone isaacs. good news if you are looking for a job, you know -- what theme parks are beefing up security. investigators say a man uses wife is a human mop. a live look outsid

meredith: the state is asking the florida supreme court to deny inmates execution delays. he is scheduled to be executed by lethal injection on february s finding that s procedure for imposing the death penalty is illegal, his lawyers want the execution delayed. the country' s highest court death sentences, not juries. with the supreme court. summer: imagine your pat -- trash piling up for two weeks. this was the reality for orange county residents. meredith: state officials are considering changes to ride it sharing services. the impact at omp find your sweet spot today with dunkin's chicken apple sausage sandwich. enjoy sweet apple and savory sausage together for under 400 calories. the new caramel macchiato from dunkin' donuts. let hand-crafted layers of espresso, milk, and a caramel-flavored swirl uplift your mood. indulge in a hot or iced macchiato today. you' re watching wesh 2. meredith: some folks in a brand new orange county neighborhood are not happy with the new garbage collection program. summer: that' s right, and when they had not seen a garbage truck in two

. >>> the florida supreme court is ordering a -- allowed to keep her job. faces sanctions from the 2013 arrest for drunk drivers. the supreme court has already rejected the geement that sentenced her to 20 days' house arrest. also a $90,000 fine. has until february 15th to >>> the change in relations between the u.s. and cuba. >> a dry cleaner with a special connection to super bowl 50. that story after this break and this story. >> does this boat look familiar? . >>> now the historic change in relations between the u.s. and cuba. the new loosening of trade. and a limited number of products to the cuban government. it's president obama's third attempt to -- the latest actions which take efkts tomorrow include more travel licenses. >>> the miami international boat show is just a few weeks away. this year, it'll be held at the miami marine stadium on virginia key. walter explains why it's extra special. >> the most environmentally safe show on the water across the sea. sitting on a quarter mile water front property. materials and renewable resources and nothi

he asked the florida supreme court to change his reason for removal to disability rather than misconduct. >>> we were with the governor for the start of his 1 million month - - 1 million miles bus tour. he spoke about job creation and focused on victory which makes he said no one thought this business would go on to employ 300 workers. >> people said we were crazy and it could not be done and we hired 200 new positions last year. >> florida has been out texas in leading the nation in job creation. >>> a search continues to find the man who ambushed a woman and left her with a concussion. she was just out walking her dog on atlantic avenue yesterday afternoon and she told police she does not know why she was targeted and detectives are desperate now to solve the case. >> reporter: in the middle of the day, people's - - people walk these sidewalks past a steady flow of traffic. >> this is an unusual crime. i cannot remember any other streak crimes in the area. >> reporter: that was until tuesday when a man hit in got a concussion. and then he ran off period >> it is high-traffic and there

.>> reporter: the city appealed the case ended with to the florida supreme court. all of the city -- all the city paid was capped out. any award against the city must now be authorized by state lawmakers. >> anyone that suffers consequences of a city or any keep fighting over and over. >> reporter: romero's fate is going back to tallahassee. >> what about my hopes? no comment from mayor bacon's office tonight.>> it is an issue in tallahassee. attorneys say if it passes legislature, tampa's budget would be taking a huge hit. i am jarrod holbrook taking action for you. >>> a little overcast today and a little chilly too. >> i call it cold.>> that's the easiest one. >> for us. that is chilly. if we are floridians yes, it is friday morning. this is a very tricky forecast pinpointing the exact location of storms. it is going to rain friday morning. who picks up the heaviest rather is still in -- weather is still in doubt. it is 54 in brooksville and everybody else is in the upper 50s. we hit 61 today in tampa and 55 in crystal river. that is 15 degrees below normal. tam

potentially on florida's judicial system. the only supreme court opinion today came from justice sam use el alito who wrote the murder of miss harrison was conscience less and unnecessarily torture us in light of this evidence it defies belief to suggest that the jury would not have found the existence of either aggravating factor if its finding was binding. the high court has sent her case back to the florida supreme court now to determine whether hurst should get a new sentencing hearing. there are 390 inmates on death row in florida right now. 91 have already been executed under this system since 1976. we'll take a closer look at the possible impacts of the supreme court decision starting at 5. cbs 4 news. >> thank you very much. >>> more breaking news right now, where rescue crews are at the scene of a party city. several shelves inside the store on palmetto park road and powerline road collapsed. teams are inside the store it's not known how many people have been hurt but initial reports are there may be up to ten people injured we've got a cr

the ruling by the florida supreme court saying the death penalty is unconstitutional is causing a delay. his murder trial is scheduled to start next tuesday but prosecutors are asking the judge to delay the trial until the penalty is cleared up. toledo is charged with second-degree murder for his wife's death and first-degree murder for the kids. the prosecutors plan to seek the death penalty in the case. the judge hears the motion to delay the trial tomorrow morning and the defense plans to fight it. >>> a group of would be robbers behind bars after a cocoa gas station clerk shot one of the suspected crooks. >> give me money. >> reporter: that is the words the gas station owner who doesn't want his face on camera were uttered by this man who tried to rob this cocoa chevron around 8 o'clock last night. >> they open ope -- the guy opened the door with a ski mask and had a gun in one hand and a bag in the other. i reacheded for my gun and shot him >> i heard a boom. wilson price was standing outside at the time but ran after hearing the shots. >> he was staggering out the door shot and fe

. >>> just this after into the florida supreme court steven diaco, robert adams are suspend from practicing law. they have 30 days to shut down their practice, during a 2013 did he familiar mission trial, the three schmidt's attorney was set up. evil in the flesh that is what gridee judd called a man killing a beloved softball coach, terry was shot in the driveway of his home, that murder remained a mystery until today. polk county news room marcus gray son explains why investigators say this was a case of revenge. >> lake alfred police chief art, jenkins arrest was bittersweet. resident, a friend but he coach weekend me. -- coached with me. it's a happy day. >> jenkins new terry from their time working at the union at packaging corporation of america. jenkins was a union treasurer and he was a union president. jenkins was fire from his job for misconduct in 2009, a new union treasurer ever discovered missing money, the union president reported the crime. in 2011, jenkins was arrested and charged with grand theft. >> terry was doing what was right. >> grady judge said several years answer g

we got a 7-0 decision in the florida supreme court to be on the ballot so i think we strengthened the language and there is a couple new million different voters than 2014. i think we will get the 60% we need to pass this. >> andrea: what do you think is your biggest strength going into this? >> the people of florida support medical marijuana. we saw in 2014 that even in the face of low voter turnout and tremendous opposition spending against us we received 58% of the vote. we got half a million more votes than rick scott was elected with and more votes than any candidate on the ballot. >> andrea: this is a highly critics. what do you say to the critics beginning of the end and leading to more drug abuse and crime. what do you say to the critics? >> i would say the facts don't support that. this is about medical marijuana and helping sick and suffering florida residents. 23 states but washington, d.c. have legalized medical marijuana. what is happening is people get relief. people feel better. they get the medicine their doctors say they should be getting. this is not something new. a

death row at florida state prison for the murder of alex zaldivar along with the attempted murder of two others. but the jury was not unanimous in it' s sentence of death and the u.s. supreme court ruled florida' s sentencing guidelines unlawful because they give judges too much power. mosley: because it was a constitutional issue, of the 6th amendment i believe it affects my client' s sentence and ultimately that the death sentence will be nullified. rafael zaldivar: this man, he' s going to have to forfeit his life for what he did to our son. meredith: state attorney jeff ashton argued outside the courthouse the u.s. supreme court' s ruling likely will not sway the state' s high court justices to spare okafor' s life. jim: bond has been revoked for a man accused of intentionally running down a horse and its rider, killing the horse, then leaving the scene. bond for 22-year-old christopher todd was revoked after he was his car. in february investigators say todd got into an argument with a group of horse back riders near orange city. he' s accused of hitting and killing a horse. the rider suffered a broken collar bone. trial is tentatively set for next month. as promised, the c

the supreme court finds that florida system is unconstitutional because it wrongly gives power to the judge, not the jury, whether a killer should be executed. and the jury's recommendation for the death penalty does not have to be unanimous. decision. >> reporter: governor scott is still looking at the scowt's decision that could change florida's death penalty system. >> the joint session will come to order. >> reporter: the ruling came down from the court at the start of the 2016 legislative session saying juries should decide whether a defendant should be executed. the attorney general said she will work with lawmakers to make the court required changes but the impact on existing death sentences will be basis. first saw it. >> reporter: this mother warrants to see edward covington put to death for killing her daughter, grandson and granddaughter and hoping the court's decision won't halt it. covington waived his right to a jury trial and asked the judge to sentence him. >> i believe the case has been tried. >> reporter: there are 390 state right now. of those convicted killers, the

okafor's attorney met to make sure all the transcripts and the documents are ready to send to the florida supreme court for his first round of appeals. >> is your first appeal going to be appealing this death sentence based on the supreme court ruling? >> we're going to definitely include it in there. we can't ignore it. >> lawmakers in the state house and state senate are trying to change the death penalty law to make it more in line with federal guidelines. one proposal would require a unanimous death sentence vote by the jury. it would also require a unanimous vote on aggravating factors in the case, such as the suspect's lack of remorse, how violent the crime was, or if it was committed in front of a child. >> now, i asked ashton today what he thought about these bills, and he says he's not for them. he calls them death sentence killers. the bills were written to require too many unanimous votes. of course, we're going to be following the bills as they wind their way through the house and the senate. the house and senate versions are completely identical. we're live at the orange county courthouse

florida supreme court declined to here his appeal. he was convicted of tipping off whitey bulger about appending indictment in 1994. >>> now a developing story. threats against schools all across the state. a recorded message warning schools about a bomb on campus. take a look at this. all of the cities and towns that received the threat, there were 15 of them, for all of them it turned out to be a false alarm. this is more than a nuisance for police, teachers, students and parents. bree sison is live in newton. >> reporter: newton north high school is one of several dozen schools threatened since last friday. in an automated message, a recording was saying that there were bombs placed in backpacks and students would be shot as they tried to flee the school. agencies are investigating this but evacuating the schools and trying to figure out who made the threats is wasting resources that could be used somewhere else. newton north high school surrounded by police and fire trucks, a scene that played out in 15 towns across the state incl

permanent disbarment issued by the florida supreme court for the lawyers accused of orchestrating the dui arrest of rival attorney campbell. he represented schmidt in the shock jock trial. the three were suspended last week. no word yet tonight if his partners will also be disbarred. >>> manatee county deputies murder weapon used to kill two people last week. deputies have linked last week's murders to duane kummins. they're not saying what type of weapon was found or used. they were searching the manatee river yesterday. >>> a crime alert to tell you about in tampa. police searching for this man who attacked and tried to sexually assault a woman on her front porch. why police say this man is a danger to the community. clifton. >> reporter: anyone who would commit a crime like this would do it again. that's why they hope this sketch right here helps get him caught. >> this is crazy because i have kids at home. i have a girl at home. >> reporter: terrified neighbors learning about an attack on a woman at her front door. praying that attacker is caught. >> we have a lot of kids in the a

. >>> the florida supreme court announced that he is suspending the three attorneys who were involved in the dui setup of another attorney in the shock jock trial in tampa. todd submit suing bubba the love sponge clem. the three attorneys have 30 days to stop practicing law. the court also says that the attorneys can fight this but it won't stop the suspension. we are still waiting to hear more on if this means disbarment is also on the way. jamison. >> right now at 5:00 an arrest and motive revealed in the august murder of terry. he was gunned down in his driveway as he was heading to work one seemingly normal morning. ryan raiche is live at the courthouse where the suspect made his first appearance in court today. ryan. >> reporter: this was a murder that haunted the small lake alford community. a well respected man shot and killed in what many thought was a random act. some answers in a surprising arrest. tonight a sliver of relief for the widow of the beloved softball coach. murdered this community leader is finally over. the suspect, former colleague alfred jenkins who apparently

this time around also the attorney general is not fighting it and he says florida supreme court has already approved the question. now morgan, along with united for care, the group has gathered 692000 signatures nearly 10,000 more than is needed by the deadline putting medical marijuana back on the ballot november 9th. last time medical marijuana fell short of the 60% needed to pass. it would also allow doctors to prescribe marijuana for people dealing with debilitating conditions like cancer, aides, he leap see or ms. hoping the voter turnout will be better this year and instead of a younger crowd says they'll target the more 60 plus voters saying they need to educate them why thousands of patients need this. >> so the people we're talking about are people in large part lives or people like my brother for their quality of life. this is not let's go have fun. >> reporter: and a once outspoken opponent judge from polk county is not excepting on the amendment the second time around because he is no longer president of the florida sheriffs association, i can tell you other opponents like drug

this afternoon, the florida supreme court suspended but about the love sponge's lawyers in the dui setup case, the three are suspended from practicing law as the court decides whether they should be disbarred. during a 2013 defamation trial between those rival shock jobs, now an arrest in the murder of a beloved community leader and well known polk county soft ball coach, he was gunned down in his driveway, his murder shocked the community. sheriff grady judd said he was murdered because he did the right thing, as a union president, he turned in a former union treasurer, this man right here alfred jenkins sheriff judd says jenkins is a career criminal with records in several states. that is four years before sheriff judge says he shot and killed geling ton. >> this is a man who sees for five years who is going to get even with him, he needs to die for killing terry yelvington who was a stellar member of this community. >> sheriff judd says he has no idea how a man with his kind of record could be elected union treasurer. >>> talk about a miserable end of the week, the stock market they s

supreme court ruling.((russell)) now, the florida supreme court is preparing to hear a case that could change the state's legal system as we know it. 3 tax season has officially begun .. find out what you should do if you want your money back fast. 3 and ... a local lotto pool isn't giving up after losing more than one-hundred thousand dollars in last week's powerball drawing .. coming up, their new plan to

. >>> late this afternoon the florida supreme court issuing suspension of the three attorneys. they all be permanently disbarred. the final decision has not been made. but today's decision is a step in that direction. >> they're saying we're going to suspend you now pending the outcome of the disbarment proceedings before us. and it's basically a signal you are going to be disbarred. >> the three were found guilty of setting up a dui trap for a rival attorney near the end of the trial that happened during the 2013 shock jock trial between bubba the love sponge and todd submit. >>> the murder of a softball coach may have been solved. jenkins was arrested. he killed terry in august because of a long-standing grudge. deputies say more than five years ago they worked together at a packaging company and terry turned in jenkins for stealing from the union. he was the treasurer at the time. the big break came yesterday when a confidential source pointed to jenkins as the murderer. >> me personally, i would like the same thing done to him that he did to my husband. but i want -- i don't want hi

florida supreme court refuses to grant a new hearing for former judge john murphy. he asked the court to change the reason for his removal to a disability instead of a disciplinary action. he says that he suffers from post-traumatic stress disorder and that's why it happened. murphy was kicked off the bench after he was caught on camera threatening to fight an assistant public defender. >> if you want to fight, let's go out back. [ bleep ]. >> so apparently they didn't enpntidn't even get to, quote, outback. the judge grabbed the assistant public defender by the collar. murphy says his ptsd cause that had outburst back in 2014. >>> hoverboards on college university of south florida considering banningthem, fwully decided not to take action. the university decided to take an educational approach and pass out flyers warning students of just how dangerous they can be. this after a hoverboard went up in flames in a student apartment in week. however boards are now banned at at least 30 universities. >>> still a whole lot more ahead. a coue of old friends could be making

this was a very wise decision by the judge in this case. he is waiting for guidance from the florida supreme court. >> the judge in the case did not specify how long the trial will be delayed . >>> two weeks into the new automated trash pickup and the service is still causing major delays for folks leaving piles of garbage along the road. this is what we found along brown wrote in christmas for residents either trash has not been picked up since dismissed time. one woman told us she also did not get the new bins for the automated pickup picture called the county and was told they are on backorder. >> if you are not ready to implement this program then be ready to pickup the trash that is here. >> we called and her trash was finally picked up just after 3 pm. the county says it still has crews working extra hours to clear the backlog in the trash. meanwhile the county says it is working to reach out to every resident who called complaining about their trash sitting on system rolled out january 1 but on the fifth we told you how some residents garbage did not get hauled away because special collecti

the florida supreme court says is unconstitutional because of gerrymandering, an issue that crosses idealogical and party demands. the judicial watch has filed federal lawsuits to fight gerrymandering. >> both democrats and republican s are attempted to abuse the powers entrusted in them. >>reporter: the only way to stop the practice is by amending the u.s. constitution. >> it's not fair to anybody >>reporter: but the head of judicial watch says changing the constitution isn't the answer. >> abuse of the gerrymandering power. that abuse is already constrained by constitutional provisions and federal laws. >>reporter: grayson's bill is a long shot, it would require a two-thirds vote of the house and senate and have to go to the states and get three-quarters of all state legislatures to ratify it as well. reporting live in washington, tonight, justin gray, channel 9, eyewitness news. >>> white house officials have released a preview of what we could expect to hear from president barack obama during his final state of the union address. you can see the president right here in this black and white

according to judge perry, that means florida's supreme court would have to make what is determination in all 390 of these cases. he says that is a very high bar for the state of florida to reach to execute any of the inmates that are currently on death row. you add to that some of these inmates will likely be eligible for parole on the florida law. and not that they get parole, but technically, they would be eligible. the ripple effect is going to be enormously. over ratification. i got information from state attorney's office in orange county and they are saying that they are reviewing this decision and what the impact will have on any cases that they are working right now. but they say they are going to have to, now, handled death case penalties in a manner consistent with this new supreme court ruling and of course, legislators are already trying to rewrite florida law which is essentially has to have a big the law has to be rewritten in the state for us to have any more death penalty cases go forward. we will review all of this a give you all of the information we can throughout t

the florida supreme court suspending steven diacco, diadams and another. all three lawyers are accused of orchestrating the dui arrest of the rival attorney campbell who represented todd mj schmi did, t. they said, quote, the supreme court order's today was the right decision because of their despicable roles in the setup and arrest of phil campbell. the legal careers of the three men have new come to a permanent end, end quote. >>> residents of a tampa apartment complex forced out of homes because of the landlord's mistakes and now, they are being forced to pay the bill while not living there. we first told you about this two weeks ago. cameron is taking action finding whether or not this is even legal. >> i'm furious,. >> reporter: another week. >> it's over $1,000. >> and we haven't been there since december 23rd. >> reporter: for an apartment he's not living in. on christmas eve, he and his wife and daughter and dog were forced from their apartment after a water burst in the pipe in the ceiling. he's staying in the hotel because water destroyed everyth

heather:heather: the florida supreme court will not review the murder conviction of former boston fbi agent john connolly. second-degree murder in the 1982 killing of miami gambling executive john callahan. the case has been linked to boston' s mob boss whitey bulger who is serving a life sentence for his role in 19 murders. the quincy man charged in a disturbing plot targeting a woman and her family -- [no audio] 45-year-old thomas sheehan is accused of impersonating a woman online, hoping that she wanted to be kidnapped and raped. prosecutors say he posted pictures of the woman and her children, as well as their home address. defense attorneys say he was role-playing. >> next on newscenter 5 -- heather:heather: a driver trapped, his car upside down in the water. the total stranger who came to the rescue. ed: the dangerous illness putting pregnant one in on alert. the new questions doctors are being told to ask immediately. >> you' re watching wcvb newscenter 5 at 11:00. >> i could' ve gotten killed. i skidded on ice. ed: he was trapped in a car upside down in an icy pond. ann easton

the florida case went to the state supreme court. the others all went and there were a lot of others that went to federal court. and there the florida supreme court said loving governed the outcome. of course this couple might get the marriage license they otherwise qualify for. now the vote from the florida supreme court was 5-2. they had to think judge bazille had two clones in florida, right? they were making no concessions to the new regime and knew what the laws were. they saw nothing had changed. 5-2. yeah. the couple got the license in florida. the other cases all were from federal court. so, let's see now, and again, i have lost a page, so somebody will have to run up here to give me its replace in the a hurry. but i don't need that, do i? within weeks and scattered over the next several years, state after state after state went the resolution, arkansas is one south state, the others are deep south. and in mississippi, georgia, state after state, louisiana, a marriage license, i've been told i can't have one. those folks from

supreme court ruled florida' s death penalty system as unconstitutional. luis toledo' s trial was set to he murdered his wife a t delay. florida law gives too much power to judges and not enough to juries. jason: we will be watching these closely. one of the backstreet boys is in a florida jail this morning, a bar. according to the arrest documents, carter was take into in key west. new this morning, olympic gold medicine -- medalist charges. and admitted to pushing her father down at least one flight of stairs and locking him in the to plead not guilty when she >> twitter is being accused of helping isis. they are facing a lawsuit from the family of a florida man killed by an alleged member of the terror group. now that man' s family is suing because they say twitter knowingly allowed isis to recruit, raise money, and spread propaganda. isis operates 70,000 twitter accounts. twitter says this is without merit. jason: chase to show you. station. this woman was driving recklessly yesterday. she ended up right there banging affiliate. police arrived. she tri

okafor's attorney met to make all the transcripts and the documents are ready to send to the florida supreme court for his first round of appeals. >> your first appeal going to be appealing that death sentence based on the supreme court ruling? >> we're going to definitely include it in there. definitely. we couldn't ignore it. >> but state attorney jeff ashton doesn't think okafor's case or any of the cases out of the ninth circuit rises to the supreme court's test. >> the united states supreme stay the executions of a number of individuals who were similarly situated with mr. okafor, that is, they had priors and so on. they chose to let those executions go forward. >> so a lot of people are asking why doesn't the state of florida just change the laws on the books altogether so they're not out of line with the u.s. supreme court? well, it looks like lawmakers are already doing that. we checked today and there are two bills winding their way through the state house. one in the state house, one in the state senate and they both require a unanimous jury vote when it comes to imposing the death sente

with the high court' the state is moving to delay the trial until florida lawmakers decide what action to take. a hearing on that motion to delay is set for today in deland. supreme court justices ruled -- that the death penalty policy gave too much power to judges. jason: one of the backstreet boys is in a jail -- a florida jail for a fight. this is the new mug shot of nick carter. according to arresting documents, he was taken into custody in key west. he was arrested for battery. new this morning, olympic gold medalist picabo street is facing assault charges. investigators say she called 911 and admitted to pushing her father down at least one flight of stairs and locking them in the basement. she is expected to plead not guilty. michelle: twitter is being accused of helping isis. the family of a florida man killed by an alleged member of the terror group. he died in a terror attack while training forces in jordan. they are suing saying twitter knowing -- knowingly allows isis to operate. twitter says this is without merit and that violent threats and the promotion of terrorism deserve no place on their site. border patrol agents in texas found a big surprise

florida's supreme court has tossed out an appeal by the brevard county judge... who challenged a public defender to a fight. but the court did not issue an explanation for rejecting john murphy's request. murphy had filed for a re-hearing... arguing he should not have been "involuntarily retired" because of misconduct. he wants the records to show he was removed because of a disability instead. murphy claims he suffers from p-t-s- d... following his the magic are getting ready to hit the hardwood in front of n-b-a fans in the magic are at o-2 arena. it is an early tip for the game starts at three o clock this afternoon, our time. orlando has been the magic have lost the new year. they slipped down to eighth place in the eastern conference. the raptors are second in the east. toronto is on a three game winning streak. orlando city soccer club fans will have to wait a little longer to see the lions play in their new stadium. the team says the venue will not be ready until march of 2017. the lions hoped to play there at some point in the 2016 season. construction on

[applause] chief justice and members of the florida supreme court. [applause] also my amazing life -- wife. [applause] if she is the love of my life and my best friend we have two wonderful daughters and our grandson's. and we had our 44th wedding anniversary. ones. [applause] marking my 262nd week in office as governor of the great state of florida. [applause] of lot of time to reflect but judging by a standard three have had a good bit of success. i realized our time on earth in is brief. to do anything of lasting significance without the grace of god. the time we spend to invest in other people but families for sure but also significance with their friends and neighbors. the iran for governor all 20 million across the great state. the best way to help people is for the government to give them money. but the truth is for those in dire need when they provide a safety net. we have invested taxpayers' dollars in the lives of florida family is. for the first time ever be completely funded and that the building to get the hope that they need. [applause]

supreme court ruled this week florida's death penalty procedures are unconstitutional. that ruling from the high court is forcing the florida supreme court to hear arguments regarding the case of a man carrie michael lamryks is supposed to be put to death on february 11. with this latest ruling, lawyers have asked the state supreme court to indefinitely postpone that execution. the court has refused to do that, but they will hear oral arguments on whether the supreme court ruling specifically impacts this case. rsh new at 10, it's hard to take a joy ride in a big, yellow school bus, but one student in lake county learned that les thn hard way today. tracy jacim reports. >> it was here at the corner of whiteman avenue and beecher street when leesberg police say they finally caught up with some and stopped a 13 year old driving a lake cient school bus. a traffic stop almost five miles from where the youngster began his criminal joy ride. here i am at the bus depot where some of the lake county school what happened was the bus driver had parked the bus right here. he used t

supreme court ruling that florida' s death penalty scheme is unconstitutional. reporter: the judge didn' t put a time frame on his order to continue the trial but the state asked for 60 days and that' s the motion that was granted as they wait to see what action ruling. >> prosecutors say luis toledo murdered his wife yessenia suarez and her two children, thalia and michael, in late october of 2013, after he confronted her about an alleged affair. the victims bodies have never been found if convicted of the murders, the state is asking for the death penalty which defense attorneys argue, cannot be applied right now. judge raul zambrano heard from both sides yesterday and today released his decision, saying though it' s likely the florida legislature and or the florida supreme court will remedy the matter soon, there is a high danger now that the rules would be changing in the middle of the trial if this court were to go forward with it as scheduled. judge zambrano went on to say, when human life hangs in the balance a rush to judgment is unwise. the toledo trial

angela: a brevard county judge will not get a new hearing from the florida supreme court. judge john murphy lost his job, following this courtroom outburst. >> if you want to fight, let' s go out back. angela: murphy says that confrontation was a result of his suffering from post traumatic stress disorder. when he was fired, the court listed that it was for disciplinary reason. he was trying to get a hearing to change the reason for medical, but now no in just a matter of hours, the donald trump leads in the polls. stewart: his national lead has jumped to 33%. he is ahead of ted cruz, who has 30% of the growth -- votes. in a few hours, the republicans running for president will face in a debate, the very first of 2016. the candidates are meeting in south carolina. angela: aixa diaz reports. aixa: tonight, several republican candidate take the primetime stage in charleston, south carolina. >> republicans are always wondering what donald trump will say next. aixa: donald trump enters the debate as the front writer -- front runner with ted cruz hot on his heels. >> they are t

reporter: at the state wants to pursue all of the executions, they would have to go to the florida supreme court now but need a very high standard to actually get those executions essentially approved. so coming up at 5:00, i'm talking to legislature about what they are doing to change the laws and at 6:00 looking at a case that could be affected here and what the family, the family of the victim feels about it reporting live in downtown orlando, steve barrett, channel 9 eyewitness news. >>> and the we talk to legal analyst about what it means for the 390 inmates who are now on death row. we asked him what it means for well get going through that with the interview we will have the latest in the next hour. >>> we are in for another cold night there is a frost advisory in marion county. >> let's get over to certified meteorologist tom terry lewis and severe weather center 9. how is it going to get? >> cold but not quite as cold as it was this morning a freeze in marion county, hitting 32 up north, 41 on the forecast mark for orlando and we had a nice afternoon. well into the low to mid 60s we exp

the florida supreme court has announced it is suspending three attorneys. the attorneys involved in the dui setup of another attorney in the shock jock trial a few years ago. the supreme court says they have 30 days to stop practicing law. the court saying the attorneys can fight this one but it won't stop the suspension. we're still waiting to hear more information on if this means all of them will also be disbarred. >>> well, we told you before about the spike in heroin and opiate abuse in the united states. it's bad in the tampa bay area as well. now president obama is trying to do something about it. today he appointed agriculture secretary tom billsack to led an effort to come up with solutions. the focus will start with the problem in rural parts of america. heroin related deaths in the u.s. increased 30% and overdoses are now killing 30,000 americans a year. >>> it is official. the tennessee couple you see right there on your screen, they are one of the three winning powerball winners. holding those tickets. splitting the powerball winnings. look at

. >> the florida supreme court is suspended bubba the love sponges lawyers. all three here are accused of orchestrating a dui arrest of rival attorney campbell. campbell's attorney said the supreme court's industry friday wars the right decision because of their despecifictial role in the set up and arrest of phil campbell. >> there's been a spike in serious crashes at one particular intersection. you what the county is doing about it. >> and later, a bears video that doesn't is -- bay area video that dozens are talking about on social media this morning. did that dolphin really jump over that paddle board? what the girl in this video had to say about it. >> the bolts came up with a big win last night over pittsburgh. that's coming up in sports. >>> i've seen dolphins jumping around, but that's a little bit hard to believe. we'll take a closer look. i'll tell you what, check it out on my facebook page. check out the golf course weather today. we'll be up to 75 with a few clouds around later on, but nothing to get in the way of your game until tomorrow. i'll t