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)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.