Skip to main content

Courts grapple with Florida death penalty changes

TALLAHASSEE — A new state law lowering the number of jurors required to recommend death sentences has spurred a rash of litigation, triggered conflicting judicial rulings and infused an additional level of uncertainty in capital cases.

The changes have caused what numerous attorneys called “chaos” in the death-penalty system.

The law allows death sentences to be imposed based on the recommendations of eight of 12 jurors, an easier threshold than a previous requirement of unanimous jury recommendations. The change — prompted by Parkland school shooter Nikolas Cruz receiving a life sentence after a jury did not unanimously recommend death — gave Florida the lowest death-penalty jury standard in the nation.

Allowing 8-4 recommendations is the latest in a series of changes in the capital-sentencing process since a 2016 U.S. Supreme Court decision in a case known as Hurst v. Florida. The ruling found that the state’s death-penalty process was unconstitutional.

In October 2016, in the similarly named case of Hurst v. State, the Florida Supreme Court interpreted and applied the U.S. Supreme Court ruling and said unanimous jury recommendations were required. The Legislature responded in 2017 by putting such a unanimous requirement in law.

Amid uncertainty over whether the unanimity requirement should be applied retroactively to older cases, justices ordered resentencing for about 150 Death Row inmates who were sentenced based on recommendations by non-unanimous juries. Before 2016, inmates could be sent to Death Row based on majority — or 7-5 — jury recommendations.

About 90 resentencing proceedings were completed under the unanimity requirement before this year’s law went into effect. More than three-fourths of those proceedings resulted in life sentences, with prosecutors often not asking for the death penalty in the resentencings.

When Gov. Ron DeSantis signed the 8-4 law this spring, nearly five-dozen Hurst resentencing cases were pending. That has led to disputes about which standard should apply.

“Undoubtedly, the new statute will plunge Florida’s death-penalty system into further instability and chaos,” Maria DiLiberato, executive director of Floridians for Alternative to the Death Penalty, told The News Service of Florida. “This knee-jerk change, in an understandably emotional case (the Cruz case), is causing complete destabilization of Florida’s death penalty.”

The Legislature approved the change after an ideological shift in recent years on the Florida Supreme Court. Shortly after DeSantis took office in 2019, he appointed justices who established a conservative majority. The court in 2020 reversed course on the death penalty and said unanimous jury recommendations were not necessary.

The unanimity requirement remained on the books, however — until this spring, when state lawmakers passed the law responding to the Cruz life sentence. DeSantis, who championed the change to a lower standard, signed the legislation on April 20.

The change is affecting Death Row inmates preparing for resentencings because of the Hurst decision. The unanimous standard was in place when the resentencings were ordered, leading their attorneys to argue it should continue to apply in the cases.

The new law also is having an impact on cases involving defendants accused of committing murders before DeSantis signed the law. Their attorneys also maintain the 8-4 threshold should not apply retroactively.

“Here we go again, with changes of laws that create different categories of people that are being treated very differently, which has to be a violation of the Constitution. And then, we’re looking at the overreach or the overstep as a result of very emotional, traumatized community and the play of politics in the death penalty, which is just horrifying, but we know it’s very political,” Hannah Gorman, a professor who is director of The Balanced Justice Project at Florida International University’s College of Law, said in an interview.

The dispute over applying the 8-4 standard, in part, involves what is known as the “ex post facto” clause in the state and federal constitutions.

Defense attorneys contend that applying the new standard to cases initiated before April 20 would violate the ex post facto clause because the standard represents a substantive change in the judicial process.

Prosecutors, however, maintain that the lower threshold amounts to a “procedural” change and therefore should apply in such cases.

Judges — including in the same judicial circuit — are divided on the issue.

In the 10th Judicial Circuit, Judge Kevin Abdoney last month rejected prosecutors’ request to apply the 8-4 standard in the sentencing of Bryan James Riley, who was charged with four counts of first-degree murder in September 2021.

Abdoney, a Polk County-based judge, found that the new law “moved the goalposts” on the state’s death-penalty process.

“In the same stroke of the pen, the Legislature has reduced friction on the path toward death while increasing it on that toward life. As a result, the risk to a defendant confronted with the possibility of being executed that he will actually meet such an end is greater now than before. Shouldering the defendant with such increased risk not present at the time he allegedly committed his crimes substantially implicates ex post facto concerns,” Abdoney wrote in a July 12 ruling.

But three weeks earlier in the same circuit, Judge Angela Cowden ruled that the 8-4 standard should be used in the sentencing of Zephan Xaver, who was accused of killing five women during a bank robbery in 2019.

“In defendant’s (Xaver’s) case, the change in the law has increased his chances of receiving the maximum sentence he already faced; however, it has not ‘change(d) the punishment, (or) ‘inflict(ed) a greater punishment, than the law annexed to the crime, when committed,’” Cowden, who is based in Highlands County, wrote on June 26, partially quoting a legal precedent.

Both judges’ analyses were rooted in prior court rulings on the ex post facto issue.

As circuit judges grapple with which standard should apply, a number of appeals have made it to the Florida Supreme Court. But a “lead” case — if there will be one — has not emerged.

Lawyers for Attorney General Ashley Moody argue that the new law should apply to “all defendants whose penalty phases” will occur after April 20.

A Supreme Court case drawing attention is the appeal of Leonard Gonzalez, a Death Row inmate ordered to be resentenced following the Hurst decision. Gonzalez, who was convicted in the 2011 murders of an Escambia County couple, is appealing a circuit judge’s ruling that called for the 8-4 standard in resentencing.

Gonzalez’s case includes a number of twists, with Moody’s lawyers initially asking justices to weigh in on the retroactivity issue.

“Capital trials and Hurst resentencings are being stayed and delayed awaiting guidance from this (Supreme) Court regarding the constitutionality and proper application of the recently amended death penalty statute. This court should address these issues as quickly as possible to prevent any further delays,” Charmaine Millsaps, a senior assistant attorney general, wrote in a brief filed June 19.

But just weeks later, another one of Moody’s lawyers filed a motion asking the Supreme Court to dismiss the case, arguing that Gonzalez’s appeal raised issues “best addressed in a post-trial direct appeal.”

The court rejected the state’s request, and the case remains pending.

Melanie Kalmanson, an attorney who publishes the Tracking Florida’s Death Penalty blog, pointed to the state’s filings in the Gonzalez case to demonstrate what she called “widespread chaos” in the death-penalty system.

“There’s some indication that even the state is not sure how they want to address the litigation about the new statute,” she said.

Source: orlandosentinel.com, Dara Kam, August 23, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.