Entries tagged with “Non-Unanimity

Jan 12, 2026

Marking a Decade Since Hurst v. Florida

Today is the ten-year anniver­sary of the U.S. Supreme Court’s deci­sion in Hurst v. Florida. Heralded as a water­shed rul­ing for cap­i­tal defen­dants, Hurst reaf­firmed the prin­ci­ple that the jury alone must find the facts nec­es­sary to con­demn a per­son to die — impli­cat­ing the death sen­tences of hun­dreds of pris­on­ers across three states. The Sixth Amendment right to an impartial jury…

Executions

Religion

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Mar 24, 2025

Four Executions in Three Days Spotlight Constitutional Concerns About Death Penalty

In a three-day span from March 18 to March 20, four men were exe­cut­ed in four dif­fer­ent states. Two of the men put to death, in Louisiana and Arizona, were the first exe­cut­ed in their state in years. While the close tim­ing of the exe­cu­tions result­ed from inde­pen­dent state-lev­­el deci­sions and indi­vid­u­al­ized legal devel­op­ments rather than any coor­di­nat­ed nation­al effort, all four exe­cu­tions raised seri­ous con­sti­tu­tion­al con­cerns. ### March 18: Jessie Hoffman (LA) On…

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…