The Florida Supreme Court has published its opinion in Hurst v. Florida. You can read the opinion below.
The state supreme court has held that the law passed earlier this year by the Florida Legislature is unconstitutional.
The law allowed the death penalty if the jury recommendation was 10 to 2 at a minimum. Two jurors could vote against death and capital punishment could be the sentence anyway, under the law.
This Florida Supreme Court case finds that is wrong. The jury recommendations to impose the death penalty must be unanimous.
From the opinion:
"By requiring unanimity in a recommendation of death in order for death to be considered and imposed, Florida will achieve the important goal of bringing its capital sentencing laws into harmony with the direction of society reflected in all these states and with federal law."
The full Hurst v. Florida opinion has been stored in the Terry Lenamon Online Library. Here it is for your convenience: