The State has filed a petition asking the Sixth District Court of Appeal to require the Tenth Circuit to apply the new capital sentencing statute in Bryan Riley's case.
Without researching it, it seems this question belongs at the Florida Supreme Court, not the 6th DCA. Generally any interlocutory matter in a case where the death penalty is being sought goes to the Supreme Court not the DCA.
That's definitely an argument that's been made in the filings in the cases pending at the FSC now. The State filing this petition at the Sixth DCA is a bit at odds with what's been said at the FSC.
Without researching it, it seems this question belongs at the Florida Supreme Court, not the 6th DCA. Generally any interlocutory matter in a case where the death penalty is being sought goes to the Supreme Court not the DCA.
That's definitely an argument that's been made in the filings in the cases pending at the FSC now. The State filing this petition at the Sixth DCA is a bit at odds with what's been said at the FSC.