Florida Supreme Court receives sixth petition about 2023 capital sentencing statute
Bessman Okafor's is the sixth petition in cases where a Hurst resentencing is pending. Also, a summary of all of the related pending litigation.
On August 31, Bessman Okafor, through counsel, filed a petition in the Florida Supreme Court requesting relief from the trial court’s ruling that Florida’s 2023 capital sentencing statute will apply to his resentencing proceeding in Orange County, which was granted in light of Hurst.1
It feels like there’s a new one every day. It’s a bit reminiscent of how claims came flooding in following the U.S. Supreme Court’s 2016 decision in Hurst, but the posture of these claims is obviously very different.
History of Okafor’s Case
In 2015, Okafor was sentenced to death for crimes that occurred in 2012 following a jury’s recommendation for death by a vote of 11-1.2
In 2017, on direct appeal, the Florida Supreme Court vacated his sentence of death and remanded for a new penalty phase in light of Hurst.3 His resentencing is scheduled to start October 9 in Orange County.
Petition
In his Petition, Okafor seeks relief from the trial court’s ruling that the 2023 capital sentencing statute will apply to his new penalty phase, arguing that it conflicts with the mandate issued in 2017.
Okafor’s Petition is similar in form to the petition filed by Corey Smith. Here are the issues presented:
[V appears to have been inadvertently omitted.]
Okafor also seeks a stay of his upcoming resentencing:
Pending Litigation
Okafor’s is the sixth petition filed in the Court in a similar posture, five of which remain pending (in order of filing):
Hertz - The Florida Supreme Court stayed Hertz’s resentencing in Wakulla County pending resolution of his petition, which was later dismissed upon agreement by the parties.
Looney - Looney’s petition was filed at the same time as Hertz’s, and his resentencing in Wakulla County is also stayed pending resolution of the petition. The State’s motion to dismiss remains pending.
Gonzalez - After some confusion, the State responded to Gonzalez’s Amended Petition on August 25. Gonzalez’s Reply was filed on September 1.
Smith - The Court denied Smith’s request to stay his resentencing pending the resolution of his petition. The State responded to Smith’s Petition on August 25. Smith’s Reply is due September 11.
McGirth - The trial court (Marion County) stayed McGirth’s resentencing pending resolution of his petition. The State’s response has not been filed.
Okafor - Okafor seeks a stay of his resentencing scheduled for early October. The State’s response has not been filed.
NOTE: This list does not include cases in which the defendant has been sentenced to death under the 2023 statute and the case is at the Florida Supreme Court on direct appeal.
Prior TFDP Coverage on This Litigation
Florida Supreme Court stays two Hurst resentencing proceedings in Wakulla County
State takes opposing positions on whether the Florida Supreme Court should review new statute.
State changes its mind on dismissal in case pending at Florida Supreme Court.
More dismissal confusion at the Florida Supreme Court with petitioners’ response to the State’s Motion to Dismiss
Florida Supreme Court grants Petitioner’s motion to amend and strikes State’s motion to dismiss in Gonzalez
Florida Supreme Court dismisses Hertz
Smith files fourth petition related to new capital sentencing scheme
McGirth files fifth petition filed at the Florida Supreme Court
Okafor v. State, 225 So. 3d 768, 772 (Fla. 2017).
Id. at 770.