Hundreds of Florida death-row inmates should get life following SCOTUS decision, amicus brief says
Image from Shutterstock.
Hundreds of death row inmates in Florida should have their capital sentences commuted to life terms, says an amicus brief filed Tuesday by leaders in the legal community.
Following a U.S. Supreme Court decision earlier this year that found the state’s advisory death-penalty scheme unconstitutional in the case of Timothy Lee Hurst, state law requires this result, says the amicus brief (PDF).
Filed in Hurst’s state-court resentencing proceedings, the brief calls for the court to follow what it describes as the clear intent of Florida lawmakers and the express provision of Section 775.082(2) of the Florida Statutes mandating “that unconstitutional death sentences be reduced to life without parole.”
Those on the brief include several former state supreme court justices and two former presidents of the American Bar Association.
The state supreme court is scheduled to hear arguments on Thursday about how Hurst’s case should be handled, reports the Palm Beach Post.
The state is arguing that Hurst should simply be granted a new sentencing hearing rather than having his capital sentence commuted to life.
The hearing may also shed light on whether a new state law enacted after the U.S. Supreme Court decision in Hurst’s case passes muster. It allows a jury to impose the death penalty by a 10-2 vote, but most states require a unanimous jury vote, the Post reports.
Hurst was convicted of murdering a Pensacola restaurant co-worker in 1998.
Related coverage:
ABAJournal.com: “How far should Florida go to reform death penalty? Lawmakers mull changes after SCOTUS decision”
Tampa Bay Times: “Three former Florida Supreme Court chief justices urge court to overturn hundreds of death sentences”
Tampa Bay Times: “Who is Florida death row inmate Timothy Hurst?”
