Florida Supreme Court briefing on 2023 capital sentencing statute
The direct appeals of Michael J. Jackson and Joseph Zieler are the first to reach the Florida Supreme Court regarding the application of Florida’s 2023 capital sentencing statute.
The direct appeals of Michael J. Jackson and Joseph Zieler are the first to reach the Florida Supreme Court regarding the application of Florida’s 2023 capital sentencing statute to (a) cases in which a Hurst resentencing proceeding was pending when the statute went into place on April 20, 2023 (Jackson), and (b) cases in which the defendant was awaiting trial when the statute went into place (Zieler).
Initial briefing has been filed in both cases. The State still has the right to respond, and Appellants can reply.
Jackson v. State
As TFDP previously covered, Jackson was resentenced to death under Florida’s 2023 capital sentencing statute following the jury’s recommendation for death at resentencing by a vote of 8-4.
Jackson raises 14 arguments on appeal. Regarding the application of the 2023 statute, Jackson argues:
Amici Briefs
Two amicus curiae briefs have also been filed in support of Jackson.
First, the Florida Association of Criminal Defense Lawyers and other organizations filed an amicus brief that reviews the data related to Hurst resentencing proceedings across the State and argues that applying the 2023 capital sentencing statute to cases like Jackson’s violates capital defendants’ rights under the Eighth and Fourteenth Amendments.
Second, certain Florida Legislators as well as the NAACP Florida State Conference and Equal Ground Education Fund in Support of Florida filed an amicus brief that argues that Florida’s 8-4 capital sentencing scheme silences minority jurors.
A news article out this week from the News Service Florida covers the amici briefs in support of Jackson. You can read it from the Sun Sentinel here.
*NOTE: The Court has not yet ruled on the amici parties’ motions for leave to file the briefs. The State opposed both motions.
Zieler v. State
As TFDP previously covered, Zieler was sentenced to death following the jury’s 10-2 recommendation for death. Zieler raises six arguments on appeal. Regarding the application of the 2023 statute, Zieler argues:
The Court has not yet set oral argument in either Jackson or Zieler. However, pursuant to the Court’s procedures, oral argument is generally held in direct appeal cases.