Entries tagged with “Hurst v. Florida

Policy Issues

Arbitrariness

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Intellectual Disability

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Sentencing Alternatives

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Lethal Injection

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Jun 13, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of June 82020

NEWS (6/​11/​20) — Florida: The Florida Supreme Court applied new cas­es that retroac­tive­ly changed the law regard­ing claims of intel­lec­tu­al dis­abil­i­ty and the uncon­sti­tu­tion­al­i­ty of death sen­tences imposed after non-unan­i­mous jury votes for death to uphold the death sen­tences imposed on Alphonso Cave and Gary Lawrence.

Policy Issues

Innocence

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Intellectual Disability

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Sep 21, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of September 142020

NEWS (9/​17/​20) — Florida: The Florida Supreme Court has denied post-con­vic­tion relief to Ken Lott, retroac­tive­ly apply­ing its new rule that a death sen­tence imposed under the state’s uncon­sti­tu­tion­al judi­cial fact-find­ing statute did not vio­late Lott’s right to a jury tri­al because the jury had unan­i­mous­ly found an aggra­vat­ing cir­cum­stance. The court held that Lott’s Sixth Amendment right to a jury tri­al in his cap­i­tal sen­tenc­ing pro­ceed­ing extend­ed only to the deter­mi­na­tion of whether the defen­dant was eli­gi­ble for the death penal­ty, not whether aggra­vat­ing cir­cum­stances out­weighed rea­sons to spare…

Policy Issues

Arbitrariness

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Sentencing Data

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Nov 29, 2016

Florida Supreme Court Orders Re-Sentencing, Suggesting Hurst May Affect Many Florida Cases

On November 23, the Florida Supreme Court over­turned the death sen­tence imposed by a judge on Richard Franklin after his jury split 9 – 3 in rec­om­mend­ing he receive the death penal­ty for a 2012 mur­der. In light of the non-unan­i­mous jury rec­om­men­da­tion to impose a death sen­tence,” the court found that the death sen­tence vio­lat­ed Franklin’s right to have a unan­i­mous jury deter­mi­na­tion of all facts nec­es­sary to impose a death penal­ty and that the vio­la­tion could not be excused as harm­less. The court ordered that Franklin be giv­en a new…

Policy Issues

Mental Illness

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Representation

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United States Supreme Court

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Oct 09, 2019

Supreme Court Opens 2019 – 2020 Term with Consideration of Death Penalty Cases

The 2019 – 2020 U.S. Supreme Court term opened on October 7 with the Court declin­ing to review chal­lenges to death-penal­ty court deci­sions from a num­ber of states and with the Court hear­ing argu­ment in a Kansas death-penal­ty case rais­ing con­sti­tu­tion­al ques­tions about a defendant’s right to present an insan­i­ty defense.

Policy Issues

United States Supreme Court

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Mar 11, 2020

Timothy Hurst, Whose Case Struck Down Florida’s Death-Penalty Statute, Is Resentenced to Life

Former Florida death-row pris­on­er Timothy Hurst (pic­tured), whose case led the U.S. Supreme Court to strike down Florida’s death-penal­ty statute in 2016 and spurred the elim­i­na­tion of non-unan­i­mous jury ver­dicts for death in Florida and Delaware, has been resen­tenced to life with­out parole. Hurst was offi­cial­ly removed from Florida’s death row after his cap­i­tal resen­tenc­ing jury did not reach a unan­i­mous sen­tenc­ing rec­om­men­da­tion on March 52020.

Policy Issues

Arbitrariness

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Sentencing Data

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United States Supreme Court

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Jan 12, 2016

U.S. Supreme Court Strikes Down Florida’s Death Sentencing Scheme

In an 8 – 1 deci­sion in Hurst v. Florida released on January 12, the U.S. Supreme Court found Florida’s cap­i­tal sen­tenc­ing scheme in vio­la­tion of the 6th Amendment, which guar­an­tees the right to tri­al by jury. The Sixth Amendment requires a jury, not a judge, to find each fact nec­es­sary to impose a sen­tence of death,” Justice Sonia Sotomayor wrote in the opin­ion of the Court. The jury and judge in Hurst’s case fol­lowed Florida’s statu­to­ry sen­tenc­ing pro­ce­dure, which requires only an advi­so­ry sen­tence” from a jury. Florida does not require…