Florida Supreme Court To Weigh In On Death Row Sentences
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TALLAHASSEE (CBSMiami) - The state's highest court has heard arguments in the case of a death row inmate which could potentially impact nearly 400 more condemned prisoners.
The hearing comes in response to a U.S. Supreme Court ruling earlier this year that found Florida's system of sentencing people to death unconstitutional.
The nation's high court said Florida's system gave too much power to judges, rather than juries, in imposing capital punishment.
David Davis, the attorney for inmate Timothy Lee Hurst, on Thursday argued that his client's sentence should be reduced to life.
Hurst was convicted in 1998 for the murder of his manager at a Pensacola Popeye's restaurant. The jury voted 7-5 in the favor of death, and the judge agreed and imposed the sentence.
Florida Assistant Attorney General Carine Mitz argued that Hurst should not receive a life sentence. She said if Hurst's death sentence is tossed out by the court he should undergo a new penalty phase.
Since January's U.S. Supreme Court ruling, Florida passed a new law that requires at least 10 of the 12 jurors to recommend execution. Under the new law, prosecutors must also explain to jurors why the death penalty is the appropriate punishment before a murder trial begins, and the jury has to decide unanimously if at least one of those "aggravating factors" justifies it.
Earlier this week, the effort to reduce the sentences of the state's 389 death row inmates got a boost when a group of former judges including three former state Supreme Court justices and two former American Bar Association presidents urged the court to impose life sentences.
Florida's attorneys have objected to the idea, arguing that the U.S. Supreme Court's ruling should not apply to cases already decided.
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