What Does the New Hurst Decision Mean for Florida Death Penalty?

 As Florida deals with the aftermath of the recent Florida Supreme Court decision in Hurst v. Florida (see our last post), media coverage includes considering what this means for the State of Florida and the state of capital punishment now.  In the short term, if not the long run.

What Happens Now?  Miami Herald Asks Terence Lenamon and Other Death Penalty Experts

For instance, Terry Lenamon was among those queried by the Miami Herald in the wake of last week's decision. 

Read that story by Mary Ellen Klas and David Ovalle, published on October 14, 2016, "Court again tosses state death penalty; ruling raises bar on capital punishment."

Impact Upon Death Row Sentencing Hearings

One thing that is clear -- this is the second round.  Florida's capital punishment statute was ruled unconstitutional once already.  That's why the Florida Legislature worked fast to pass the new law, the one that has just been ruled to violate the federal constitution, as well.

So, just like before, there's a lot of talk about those sentencing hearings under the unconstitutional framework.  Some are predicting hundreds of case reviews.  386, to be precise.

For details on that issue, see the October 18, 2016 Miami Herald coverage by Michael Auslen in "Death penalty ruling could mean new sentencing for 386 murderers in Florida."
 

Perry v. Florida in Online Library

Last week, we placed the new Hurst decision in Terry's online library for ease of access.  Today, we've also uploaded the Perry v. Florida decision that was announced the same day. 

In Perry, the Florida Supreme Court ruled that any new statute from the legislature cannot be applied to pending cases where the State is seeking capital punishment.  This halts any sentencing until the legislature finalizes a new statute. 

Read Perry here:

Perry v. Florida 2016 by Reba Kennedy on Scribd

 

 

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