Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Court Reverses Child Pornography Conviction

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 detailed and includes a dissent by Judge Morris.  Read the rest of this entry »

Defending Grady Judd’s Honor

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 have a few posts cooking, but I still need to cogitate about them some more.

In the meantime, however, I received a horribly wrong-headed comment on a post from January entitled “Sheriff Judd’s False Legal Statements Mislead the Public” in which I analyzed two legal mistakes made by Sheriff Judd that, I believe, were contributing to public confusion about the legality of the prosecution of Phillip Greaves, the Colorado man who wrote a book about pedophilia and sold it to undercover Polk deputies.

On this site, I attempt to shed light on fairly complicated, nuanced topics. If the use of my logical building blocks to come to conclusions like this individual’s is commonplace, it would bother me greatly. Let’s see what this person had to say: Read the rest of this entry »

Supervisor of Elections Asks to be Removed from Lawsuit

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 2012 commission races. Thus, there is no present controversy that involves her: Read the rest of this entry »

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

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. Hall and the Tea Party group to become defendants in the lawsuit, even though they are not suing anyone and have not been sued. Assuming the court grants that motion, the group also asks the court to dismiss the case on two separate grounds, similar to issues I briefly discussed in one of my prior posts. Read the rest of this entry »

Who Will Defend the County Charter?

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:

As discussed in a prior post, the term limit provision will be held unconstitutional unless the Florida Supreme Court reverses itself, something that is extremely unlikely. I believe the salary cap provision, in contrast, is defensible in part. (More on the “in part” issue in a later post.) Read the rest of this entry »