Court again tosses state death penalty; ruling raises bar on capital punishment
By Mary Ellen Klas and David Ovalle
Oct. 14, 2016
The Florida Supreme Court is expected to decide whether the Hurst decision requires the state to conduct new sentencing trials, commute sentences to life, or allow the inmates to be executed if they were sentenced by non-unanimous juries when it rules on the appeals from both Lambrix and Asay.
“No one now on Death Row got a death sentence under the criteria the Florida Supreme Court says are required, therefore they all have good petitions,” said Eric M. Freedman, a constitutional law professor at Maurice A. Deane School of Law at Hofstra University. “Florida will have to pass a new statute and get its act together and put the jury at the center of the process and, if they want to do the job right, make the jury the final arbiter as it is in every other state except Alabama.”