Florida Supreme Court denies two other pending petitions, citing Gonzalez
In Orders entered Friday, the Court denied two other petitions that were pending related to the application of Florida’s 2023 capital sentencing scheme to Hurst resentencing proceedings.
In Orders entered Friday, the Florida Supreme Court denied two other petitions that were pending related to the application of Florida’s 2023 capital sentencing scheme to Hurst resentencing proceedings.1 The Orders merely cite the Court’s decision from Thursday in Gonzalez (covered here). In other words, the Court designated Gonzalez the “lead” case on the issue and resolved the other cases based on its decision in Gonzalez.
Here are the Court’s Orders in Looney and McGirth:
As of Saturday morning, December 16, the following cases remain pending related to the 2023 capital sentencing statute:
Smith (No. SC2023-1151) - This case presents a similar issue to that presented in Gonzalez. However, it is not yet fully briefed. The Court denied Smith’s request to stay his resentencing pending the resolution of his petition.2 The State responded to Smith’s Petition on August 25. Smith’s Reply was filed September 11. The State filed a Notice of Supplemental Authority on September 26. The Court has not yet ordered a response to Smith’s petition.
Hunter (No. 2023-1446) - The issue presented in this case is different and, instead, addresses the Fifth DCA’s jurisdiction to weigh in on the question of the statute’s applicability. (More here.)
Zieler (No. SC2023-1003) - Zieler was sentenced to death following the jury’s recommendation for death by a vote of 10-2. This is his direct appeal, which is the first direct appeal under the new statute. Briefing is scheduled to begin in January.
Jackson (No. SC2023-1298) - Jackson was resentenced to death following the jury’s recommendation for death by a vote of 8-4. This is his direct appeal.