Skip to main content

Florida Supreme Court affirms two death sentences on direct appeal

Yesterday, as part of what is likely the Court’s last regular release of opinions before summer break, the Florida Supreme Court issued decisions in two direct appeals.

Cox v. State


This is Allen Ward Cox’s direct appeal from his sentence of death imposed on resentencing granted as a result of Hurst.1 The opinion is authored by Justice Sasso.

Cox was originally sentenced to death for crimes that occurred in 1999 while he was imprisoned at Lake Correctional Institute. In 2017, Cox was granted a new penalty phase based on Hurst.

Cox’s resentencing proceeded under Florida’s prior capital sentencing scheme that required a jury’s unanimous recommendation for death, among other findings. At the end of the penalty phase, the jury unanimously recommended that Cox be sentenced to death. On October 24, 2022, the trial court resentenced Cox to death.

On direct appeal, Cox raised seven issues:

(1) the trial court erred in rejecting the nonstatutory mitigating circumstance that Cox suffers from the early signs of dementia, (2) the trial court erred in rejecting two of the proposed nonstatutory mitigators, (3) the cumulative effect of the prosecutor’s comments during closing was so prejudicial as to taint the jury’s recommended sentence, (4) the trial court erroneously placed the burden of showing mitigating circumstances on the defendant, (5) executing an offender with brain damage violates the Eighth Amendment, (6) Florida’s capital punishment scheme violates the Eighth Amendment, and (7) the death penalty itself violates the Eighth Amendment.

The State filed a cross-appeal presenting one issue.

As to Cox’s final four claims regarding the constitutionality of Florida’s capital sentencing scheme, the Court said the claims “are well-worn” and have been “repeatedly rejected.”

The Court denied relief on all claims and affirmed the death sentence. Because the Court did not find merit to Cox’s claims, they declined to address the State’s cross-appeal.

Justice Labarga concurred in result, reiterating his disapproval of the Court’s abandonment of “its decades-long practice of conducting comparative proportionality review in death penalty direct appeal cases.”

The full opinion can be accessed here.

Johnson v. State


This is Tyrone T. Johnson’s direct appeal from his sentence of death. The opinion is authored by Justice Couriel.

Johnson was sentenced to death for crimes that occurred in 2018. The jury recommended a sentence of death unanimously under Florida’s prior capital sentencing scheme, and the trial court sentenced Johnson to death.

On appeal, Johnson raised seven issues. The Court focused on three: (1) those arising from a video of Johnson’s interrogation that was admitted in the guilt phase, (2) Al Johnson’s testimony at the Spencer hearing,2 and (3) the trial court’s sentencing order. On the first two issues, the Court found no error. As to the third issue, the Court found the trial court made an error by misunderstanding the “no significant history” mitigator. (The State conceded error on this point.) However, the Court determined this error was harmless and denied relief. The Court affirmed Johnson’s conviction and sentence of death.

Justice Labarga concurred in result, reiterating his disapproval of the Court’s abandonment of “its decades-long practice of conducting comparative proportionality review in death penalty direct appeal cases.”

The full opinion can be accessed here.

1- For a full explanation of Hurst, see the five-part TFDP series available here.

2 - Al Johnson is Tyrone Johnson’s brother.

Source: fladeathpenalty.substack.com, Staff, July 12, 2024

_____________________________________________________________________








"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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.