Entries tagged with “Joshua McClellan”
Issues
Nov 27, 2023
Florida Judge Imposes Life Sentence for Joshua McClellan, Overriding Non-Unanimous Jury Recommendation for Death
On November 20, Florida Circuit Judge Heidi Davis sentenced Joshua McClellan to life in prison after a non-unanimous jury returned a recommendation of death in September by a 10 – 2 vote. Judge Davis noted the mitigation evidence presented by Mr. McClellan’s defense, including mental health evaluations and testimony regarding his traumatic upbringing, as an explanation for her decision. Mr. McClellan was one of the first defendants to receive a non-unanimous death recommendation under a new law…
Issues
Sep 13, 2023
When Jurors Do Not Agree, Should a Death Sentence Be Imposed?
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase. Ian McCarthy, whose jury deadlocked on sentencing in June, recently challenged this provision as unconstitutional, arguing that “unanimous jury agreement is necessary to ensure that death sentences…