Duval County: Life verdict for Kim Jackson
On Tuesday, February 11, after deliberating for three hours, the jury voted 8-4 for LWOP rather than death.
It’s been more than 9 years since the U.S. Supreme Court held in Hurst v. Florida that Florida’s capital sentencing scheme violated capital defendants’ right to jury trial under the Sixth Amendment.1 Across the State, resentencing trials granted in light of Hurst are still proceeding.
This week, in Duval County, a jury determined that Kim Jackson should be resentenced to life in prison without parole (LWOP).
Background
In 2013, Kim Jackson was sentenced to death for crimes that occurred in 2004. The jury recommended death by a vote of 8-4.2 On direct appeal in 2015, the Florida Supreme Court affirmed Jackson’s conviction and sentence of death. His sentence became final in April 2016.
After Hurst, the circuit court granted Jackson a new penalty phase. While the new penalty phase was pending, Jackson filed postconviction claims related to the guilt phase. The Florida Supreme Court affirmed the circuit court’s denial of those claims in 2022.3
2025 Resentencing
Jackson’s new penalty phase happened this month. The jury was sworn on February 4. The presentation of evidence closed on Tuesday, February 11, and each side gave their closing argument. After deliberating for three hours, the jury voted 8-4 for LWOP rather than death.
As of yesterda
Under the 2023 statute, because the jury recommended a sentence of LWOP, the judge must sentence Jackson to LWOP and cannot override the jury’s recommendation.
Jackson v. State, 180 So.3d 938, 946 (Fla. 2015).
Jackson v. State, 347 So.3d 292 (Fla. 2022).