THE STATE OF FLORIDA, PETITIONER,
v.
KARON GAITER, RESPONDENT
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Florida's 2016 death penalty statute was declared unconstitutional because it failed to require a unanimous jury recommendation of death, as mandated by the Eighth Amendment.
Florida's death penalty statute § 921.141(1) is unconstitutional because it does not require a unanimous jury recommendation of death.
[1] The Eighth Amendment requires unanimity in any jury recommendation that results in a sentence of death in capital cases.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“although the United States Supreme Court has not ruled on whether unanimity is required in the jury's advisory verdict in capital cases, the foundational precept of the Eighth Amendment calls for unanimity in any death recommendation that results in a sentence of death.”
Florida Supreme Court's explanation in Hurst v. State regarding the constitutional requirement for unanimous jury recommendations in capital cases.
The State of Florida sought certiorari review of a pretrial decision declaring the state's new death penalty statute unconstitutional. The Florida Sup…
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The State of Florida filed a petition for a writ of certiorari to review a pretrial decision declaring Florida’s new death penalty statute, § 921.141(1), Florida Statutes (2016), unconstitutional. We have jurisdiction.1 After the petition was filed, the Florida Supreme Court held the statute was rendered unconstitutional because it failed to require a unanimous jury recommendation of death. In doing so, the Court explained, “[ajlthough the United States Supreme Court has not ruled on whether unanimity is required in the jury’s advisory verdict in capital cases, the foundational precept of the Eighth Amendment calls for unanimity in any death recommendation that results in a sentence of death.” Hurst v. State, No. SC12-1947, 202 So.3d 40, 69, 2016 WL 6036978, at *15 (Fla. Oct. 14, 2016); See Perry v. State, No. SC16-547, 210 So.3d 630, -, 2016 WL 6036982, at *8 (Fla. Oct. 14, 2016) (“we resolve any ambiguity in the Act consistent with our decision in Hurst ”).
Certiorari denied.
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Citator
Cited By
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H.S.S. v. Dep't of Child. & Families (Fla. 3d DCA 2020)
Authorities Cited
- Hurst v. State, 202 So. 3d 40 (Fla. 2016)
- State v. Pettis, 520 So. 2d 250 (Fla. 1988)
- Perry v. State, 210 So. 3d 630 (Fla. 2016)