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Showing posts with the label Non-unanimous jury

After Nearly 30 Years and a Supreme Court Reversal: Assessing the Likely Result of Richard Glossip’s Oklahoma Retrial

DPN asked Grok for a legal analysis of Richard Glossip’s upcoming murder retrial and its likely disposition. Most likely outcome of Richard Glossip’s retrial: acquittal or a hung jury leading to dismissal or no further prosecution, rather than a conviction for first-degree murder. A conviction remains possible but is the less probable result given the severely damaged core evidence and the state’s own prior admissions. Death is off the table. Case background

Florida | Judge sentences Johnny Mack Calhoun to death again for the murder of Mia Chay Brown

HOLMES COUNTY, Fla. (WMBB) – In just three minutes, Johnny Mack “Sketo” Calhoun was sentenced to death for a second time Friday morning. “It is the order of this court that Johnny Sketo Mack Calhoun be sentenced to death in a manner prescribed by the state of Florida for the first-degree murder of Mia Chay Brown,” said Chief Judge Christopher Patterson. After the eight-day resentencing hearing in April, a jury recommended that Calhoun receive the death penalty for the 2010 murder of Mia Chay Brown.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Florida | Cuban man sentenced to death for murdering a waitress at La Carreta restaurant in Miami

A Miami-Dade judge sentenced Rafael Andres, a 61-year-old Cuban, to death this Friday for the murder of Ivette Fariñas, a 31-year-old waitress, also Cuban, who worked at the La Carreta restaurant at Miami International Airport, a crime committed two decades ago. According to Telemundo 51, Judge Zachary James of the Miami-Dade Circuit Court followed the jury's recommendation, which voted 9 to 3 in favor of the death penalty last November after reviewing all the evidence in the case. The jury classified the crime as "atrocious, horrifying, or cruel," although they did not conclude that it was committed in a cold, calculated, and premeditated manner.

Florida to execute William Silvia for 2006 shooting murder of wife

William Silvia, convicted of the 2006 shooting murder of his wife, Patricia, is scheduled to die by lethal injection in August, according to a death warrant filed by Gov. Ron DeSantis on July 17. If all previously scheduled executions go as planned, Silvia will be the 13th person put to death in Florida this year, following a record-breaking 19 executions in 2025. Silvia, now 61, went to his estranged wife's mother's house in Seminole County to attempt to reconcile with her, but first he calmly bought a 12-gauge shotgun and ammunition, prosecutors said. After talking to Patricia Silvia, Silvia got the shotgun from his truck, shot her mother, Betty Woodard, in the face, and fatally shot Patricia in the head, court records show. Woodard, who was standing in front of her daughter, lost her left eye and the top portion of her nose.

Why America’s death rows are slowly emptying

The number of death sentences handed out by juries has plunged by more than 90% since the 1990s. On July 8, the Death Penalty Information Center, or DPIC, released its midyear update on capital punishment in the United States. Many of the findings were sadly, disturbingly familiar. For example, racial bias still plays a large role in who gets executed, and the Supreme Court continues to allow executions to proceed even when those being put to death have strong claims of innocence. But there was also encouraging news.

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.

Florida | Double-murderer set for execution, sparking intense legal battle over age, declining health

Gov. Ron DeSantis signed a death warrant for the Pasco County execution of Dominick Occhicone, scheduled for July 28. Defense attorneys argue the 80-year-old double-murderer is too old and frail to be executed under the 8th Amendment. HOLIDAY, Fla. - Dominick Occhicone is scheduled to face execution on July 28 for the 1986 cold-blooded murders of his ex-girlfriend's parents in Pasco County, sparking an intense legal battle over his advanced age and failing health. Gov. Ron DeSantis signed a death warrant for Dominick Occhicone, who has spent nearly 40 years on death row, according to state records. The man is about to turn 81 and was convicted of killing Raymond and Martha Artzner at their home in Holiday. The warrant comes shortly after the state executed 74-year-old Dusty Ray Spencer last week. If the scheduled July 14 execution of 74-year-old Dennis Sochor proceeds, he will surpass Spencer as the oldest inmate executed in Florida since 1976. Court records show that Occhicone wen...

Florida execution of 74-year-old death row inmate Dusty Ray Spencer reignites debate

Florida has set an execution date of June 25, 2026, for 74-year-old death row inmate Dusty Ray Spencer, a move that would make him the oldest person ever executed in the state’s history . Governor Ron DeSantis signed the death warrant on May 26, 2026, marking the tenth such warrant issued this year as the state continues its current pace of capital punishment. Spencer was convicted in 1992 of the first-degree murder of his wife, Karen Spencer, in Orange County. Court records detail a prolonged and violent pattern of abuse preceding the homicide. On January 18, 1992, after prior incidents of physical assault and threats, Spencer stabbed his wife to death in their backyard. The trial evidence included testimony that the victim was alive and conscious during the attack, which involved blunt force trauma and multiple stab wounds while the couple's son was present.

Alabama Plans to Execute Jeffrey Lee Despite Jury Vote for Life

Alabama Gov. Kay Ivey has scheduled the execution of Jeffrey Lee by nitrogen suffocation for June 11, 2026, even though his capital jury voted 7-5 against the death penalty and chose a sentence of life imprisonment without parole. The trial judge overrode the jury’s verdict and sentenced Mr. Lee to death in 2000, relying on a unique Alabama practice that allowed judges to overrule jury verdicts in death penalty cases. Alabama is the only state where judges overrode jury verdicts of life to impose the death penalty routinely—in more than 100 cases since 1976. As a result, nearly 20% of the people currently on Alabama’s death row were sentenced to death by elected judges even after their juries chose life imprisonment without parole.

Florida | 2-time Jacksonville baby abuser is set for execution

Thirty years ago while on probation for fracturing an infant’s skull, Andrew Lukehart inflicted at least five blows to the head of another baby, then concocted a story that she was abducted before eventually leading authorities to her body in a swamp area.  At 6 p.m. Tuesday, June 2, the 53-year-old from Jacksonville is set to become Florida’s eighth man on death row to be executed in 2026. He will become the 36th under Gov. Ron DeSantis after a record 19 inmates were executed by the state in 2025, including another from Duval County: Michael Bell.

Florida | Jury recommends death for Otto Lenke, judge to make final call

FORT PIERCE, Fla. — A St. Lucie County jury recommended the death penalty for Otto Lenke on Thursday in the penalty phase of his first-degree murder trial, though the final decision rests with the judge. Lenke, 66, a former Melbourne police officer and Indian River County firefighter , was convicted earlier this month of first-degree murder and first-degree arson in the Feb. 17, 2021, killing of Richard Benson at Fast Frank’s Custom Cycle Components, Benson’s motorcycle repair shop in Fort Pierce . Prosecutors said Lenke shot Benson multiple times inside the shop, then poured a flammable liquid on him and set him on fire while he was still alive. Surveillance video from the shop captured the attack.

Alabama Court Upholds Death Sentence For Police Officer Sean Tuder’s Killer

The Alabama Court of Criminal Appeals has officially affirmed the capital murder conviction and death sentence of Marco Perez, according to an announcement made by Attorney General Steve Marshall on Monday. This ruling marks a significant milestone in a case that began over seven years ago with the shooting death of Mobile Police Officer Sean Tuder. The legal journey reached this point after Perez was initially convicted in the Mobile County Circuit Court on March 18, 2024. During that trial, a jury voted 11–1 in favor of the death penalty, a recommendation the court followed.

Florida | Gov. DeSantis signs death warrant for Andrew Lukehart

TALLAHASSEE, Fla. — Florida Gov. Ron DeSantis on Friday signed a death warrant for Andrew Richard Lukehart, 53, who is scheduled to be executed for the 1996 murder of his girlfriend’s 5-month-old daughter, Gabrielle Hanshaw. The warrant schedules Lukehart’s execution by lethal injection to occur between noon, June 2, and noon, June 9. The procedure will take place at Florida State Prison in Starke. Lukehart was convicted of first-degree murder and aggravated child abuse in 1997. According to trial testimony and court records, the infant died in February 1996 after Lukehart, who was changing her diaper, became frustrated when she would not lie flat. Lukehart testified at his trial that he “forcefully and repeatedly” pushed the infant’s head and neck to the floor.

Florida | Pastor Evades Death Penalty, Gets Triple Life Sentence

A Florida pastor who became a potential candidate for the death penalty gets a triple life sentence for filming himself abusing a child. Jonathan Elwing, who was senior pastor at Palm View First Baptist in Palmetto when the abuse occurred, will spend the rest of his life in prison without parole after a jury found him guilty on 12 felony counts. Police initially charged the pastor and father of four with four counts of possessing child pornography and for using cryptocurrency to buy explicit images of children from the dark web.

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.

Florida | Man who set neighbor on fire during burglary set to be executed

Chadwick Willacy, 58, is scheduled to receive a three-drug injection starting for the 1990 killing of Marlys Sather. This would be Florida’s fifth execution in 2026 following a record 19 executions last year. A man who set his Brevard County neighbor on fire after she found him burglarizing her home during her lunch break from work is set to be executed Tuesday evening at the Florida State Prison. Chadwick Scott Willacy, 58, is scheduled to receive a three-drug injection starting at 6 p.m. for the 1990 killing of Marlys Sather. Willacy was sentenced to death a year later upon a 9-3 jury recommendation after being convicted of first-degree murder, burglary, robbery and arson.

Florida death row is shrinking as executions accelerate

During the last 10 years, the number of death row inmates from Brevard county dropped from 12 down to three and soon it will likely be two. Chadwick Willacy, formerly of Palm Bay and who has spent 36 years on death row for the murder of his 58-year-old neighbor Marlys Sather, is set to be executed by lethal injection on April 21. Willacy is 56. Gov. Ron DeSantis has been setting records trying to clear as much of the death row roster as possible ― in 2025, Florida executed 19 inmates, more than twice the number of the previous high of eight in 2014. But the dwindling roster of Brevard death row inmates can also be traced to a misinterpretation by the Florida Supreme Court of a U.S. Supreme Court ruling in 2016 requiring unanimous jury recommendations regarding the death penalty.

Florida Supreme Court upholds death sentence for man who raped & killed girl, babysitter in 1990

FORT MYERS, Fla. — The Florida Supreme Court on Friday affirmed the convictions and death sentences of Joseph Zieler for the 1990 murders of an 11-year-old girl and her babysitter, clearing the way for his execution after decades of the case remaining unsolved. Zieler, 61, was sentenced to death in 2023 for the slayings of Robin Cornell and Lisa Story. The decision by the state’s highest court marks a pivotal moment in one of Southwest Florida’s most notorious cold cases, which saw no progress until a 2016 DNA match linked Zieler to the crime scene.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.