2023 statute goes to Second DCA
Last week, the State filed a petition in the Second District Court of Appeal seeking review of the trial court’s ruling that the 2023 statute cannot apply to Billy Adams’ upcoming trial.
Last week, the State of Florida filed a Petition for Writ of Mandamus / or Writ of Certiorari / or Writ of Prohibition in the Second District Court of Appeal seeking review of the trial court’s ruling in Billy Adams’ case that the 2023 statute cannot apply to Adams’ upcoming trial under section 775.022, Florida Statutes. (TFDP covered the trial court’s ruling here.)
The State argues that the trial court’s ruling departs from the essential requirements of law and causes the State irreparable harm.
In part, the State argues that the trial court “mistakenly treats the amendments to Section 921.141 as substantive law for purposes of retroactivity in contravention of United States Supreme Court and Florida Supreme Court precedent” and that, if the trial court proceeds based on its ruling, it “will fail to fulfill its responsibility to properly instruct the jury on the prevailing law and would act outside its authority by not applying the law in effect at the time of trial.
The State asks the DCA to bar the trial court from applying the prior capital sentencing scheme that required a jury’s unanimous recommendation for death to Adams’ case.
The full petition can be downloaded here.