Resentencing Status of Florida Prisoners Sentenced to Die by Non-Unanimous Juries

This list tracks known Florida death-sentenced prisoners eligible for relief under Hurst v. Florida (2016) because 1) their jury recommendations for death were not unanimous, and 2) their convictions became final after Ring v. Arizona (2002), which established that juries must find each aggravating factor necessary to impose death. The initial list was generated by Michael Radelet, Professor of Sociology at the University of Colorado-Boulder, and reported the status of the cases as of December 31, 2016. With the assistance of Hannah Gorman, research scholar and death penalty law clinical instructor at the Florida Center for Capital Representation at Florida International University’s College of Law, as well as attorney and researcher Melanie Kalmanson of Tracking Florida’s Death Penalty, DPIC has updated the list through August 8, 2024.

DPIC has determined at least 157 prisoners on Florida’s death row meet these twin criteria, of whom at least 145 (or 92%) obtained Hurst relief — which means that they are entitled to resentencing — and two have been exonerated. After Florida’s new law went into effect on April 20, 2023, ending the practice of unanimous death sentences and authorizing death by a jury vote of 8-4, judges began applying the law inconsistently to Hurst resentencing proceedings. This list now includes information on whether the 8-4 law has been applied to any resentencing occurring after the effective date of the legislation, and whether the state waived death in those cases. We include the date of sentencing where available. 

Please let us know if you are aware of additional Florida cases that should be included on the list below, or if the status of those on the list should be updated to reflect a new sentencing disposition (i.e., resentenced to life or resentenced to death).

* Aguirre’s conviction was vacated based on newly discovered evidence, not based on issues related to Hurst.

** Bright’s death sentence was overturned prior to the Hurst decision for ineffectiveness of penalty-phase counsel.

*** Death sentence overturned on issues unrelated to the Hurst decision.

**** The Florida Supreme Court found the evidence insufficient to convict Wright. Because it acquitted him of murder, the court did not need to address the Hurst violation in his case.

For more background on the Florida legislative and court actions related to the jury unanimity issue, see Hurst v. Florida Background.

To track developments in Florida death-row appeals that have been decided in light of the state and federal Hurst decisions, see this chart.