06-22-2011, 04:14 PM
i'm going to do a post sometime soon about the death penalty in florida and how it may affect this trial/defendant. but this was worth posting today because i feel sure it will be cited at some point by baez:
MIAMI (AP) — A Miami federal judge has ruled that Florida's method of imposing the death penalty is unconstitutional, but the decision alone does not strike down the law.
The ruling Monday by U.S. District Judge Jose Martinez applies only in the case of convicted murderer Paul H. Evans, who is on Florida's Death Row. The ruling means that Evans will get a new sentencing hearing.
Martinez said Florida's system violates the Constitution because jurors are not required to announce specific findings on aggravating factors required to justify the death penalty. The jurors make only a general recommendation of death or life by majority vote. The final decision is up to a judge.
The U.S. Supreme Court in 2002 held that jurors must determine the specific aggravating factors.
Martinez's ruling could be appealed.
MIAMI (AP) — A Miami federal judge has ruled that Florida's method of imposing the death penalty is unconstitutional, but the decision alone does not strike down the law.
The ruling Monday by U.S. District Judge Jose Martinez applies only in the case of convicted murderer Paul H. Evans, who is on Florida's Death Row. The ruling means that Evans will get a new sentencing hearing.
Martinez said Florida's system violates the Constitution because jurors are not required to announce specific findings on aggravating factors required to justify the death penalty. The jurors make only a general recommendation of death or life by majority vote. The final decision is up to a judge.
The U.S. Supreme Court in 2002 held that jurors must determine the specific aggravating factors.
Martinez's ruling could be appealed.