Highlands County trial court rules 8-4 statute applies in upcoming trial.
Last week, a Highlands County trial court ruled that the 8-4 statute applies to Zephen Xaver’s upcoming trial. Also a summary of all rulings on the new statute.
Since Gov. DeSantis enacted Florida’s new capital sentencing statute on April 20, 2023—reducing the necessary jury vote to impose a sentence of death from 12-0 to 8-41—the State has sought to apply the new statute in capital sentencing proceedings across the State. Likewise, defense teams have sought to invalidate the statute or render it inapplicable in capital sentencing proceedings across the State.
Last week, a Highlands County trial court ruled that the 8-4 statute applies to Zephen Xaver’s upcoming penalty-phase trial. Xaver has pled guilty to five charges of first-degree murder for crimes that occurred in January 2019, so the trial will proceed as penalty phase only. The trial is scheduled to begin in January 2024.
News articles:
8-4 Rulings So Far
To recap, here are how courts have ruled on the applicability of the 8-4 statute so far:
Broward County
Ruled that the 8-4 statute applies to YNW Melly’s case, in which he is being tried for crimes that occurred in 2019. The trial is underway. More information here.
Applied the 8-4 statute applies to Clarck Paul’s case, in which he was being tried for crimes that occurred in 2016. More information here. Paul was convicted, and sentencing is set for September 5.
Duval County - Applied the 8-4 statute to Michael Jackson’s Hurst resentencing proceeding. The jury voted 8-4 to recommend death. His sentencing is scheduled for August 11. More here.
Escambia County - Ruled that the 8-4 statute applies to Leonard Gonzalez’s Hurst resentencing proceeding. Gonzalez filed a petition for writ of prohibition at the Florida Supreme Court seeking relief from the ruling. Dismissal of the petition is pending. More here and here.
Highlands County - Ruled that the 8-4 statute applies to Zephen Xaver’s upcoming trial for crimes that occurred in 2019.
Lee County - Applied the 8-4 statute to Joseph Zieler’s case. He was sentenced to death in late June after a jury recommended death by a vote of 10-2. More information here.
Volusia County - Ruled that the 8-4 statute did not apply to Hurst resentencing of Hunter and Victorino. The Fifth District Court of Appeal granted the State’s petition and directed that the 8-4 statute would apply. The resentencing proceedings are still pending.
Wakulla County - Ruled that the 8-4 statute applies to the Hurst resentencing proceedings of Guerry Hertz and Jason Looney. Hertz and Looney filed petitions for writ of prohibition at the Florida Supreme Court seeking relief from the ruling. Dismissal of the petitions is pending.
TFDP covered the entire legislative process leading to the new statute. It is available in the Archive.