The court has begun the process of reconsidering whether changes to Florida’s death penalty-sentencing system should continue being applied retroactively to cases dating to 2002.
Florida Supreme Court
Stand your ground applies to “persons,” and “a law enforcement officer is a ‘person’ whether on duty or off, and irrespective of whether the officer is making an arrest,” the court ruled unanimously.
None of the nine candidates from whom Gov.-elect Ron DeSantis will select three justices is black, although six of the original 59 applicants were African-Americans.
Ron DeSantis’ narrow win in Tuesday’s election for governor will bring an unprecedented expansion of conservative Republican power in Tallahassee.
The winner of the Nov. 6 election between Republican Ron DeSantis and Democrat Andrew Gillum “has the sole authority” to fill the court vacancies, the court ruled.
Jimenez had cited a February execution of Death Row inmate Eric Branch, who reportedly screamed and made body movements as he was being executed, among reasons not to proceed.
In a case that could alter the future of Florida’s highest court, Scott’s lawyers said the governor retains the power to select replacements for justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who are all leaving in January.
The decision amounts to a brutal condemnation of Scott DuPont’s behavior by the state’s highest court and a signal to other prospective judges that zero tolerance applies with regards to violations of the Code of Judicial Conduct.
Justices ordered a new sentencing hearing for inmate Eric Kurt Patrick because the jury split 7-5 in recommending the death penalty to a judge, and because a juror was prejudiced against Patrick.
Under Florida law, the use of a weapon bumped up the manslaughter charge from a second-degree felony to a first-degree felony, carrying a longer prison sentence.