Michael J. Jackson resentenced to death following jury's 8-4 recommendation

On Friday, August 11, a Duval County circuit judge resentenced Michael James Jackson to death following his resentencing proceedings earlier this year, which resulted in a jury’s recommendation for de

Photo of Michael James Jackson, downloaded from the Florida Department of Corrections

On Friday, August 11, a Duval County circuit judge resentenced Michael James Jackson to two sentences of death following his resentencing proceedings earlier this year.

Jackson and two of his codefendants, Alan Wade and Tiffany Cole, were granted a new penalty phase after Hurst.¹ Alan Wade was resentenced to life imprisonment without parole (LWOP) after his resentencing in 2022, in which Florida’s post-Hurst unanimity statute applied. Tiffany Cole remains on death row awaiting her resentencing.

Jackson’s resentencing was one of the first to proceed under Florida’s new capital sentencing statute,² which lowered the jury vote requirement for death from 12-0 (which had been the standard since 2017) to 8-4. Before the resentencing, the defense unsuccessfully sought to preclude the application of the new statute.

The jury ultimately recommended a sentence of death for both counts by a vote of 8-4.

Excerpt from the jury verdict form as to Count II

Sentencing Order

Under the current capital sentencing statute, the judge had discretion to impose a sentence of LWOP or death.

As of Sunday afternoon at 1:17 p.m., the Sentencing Order was not posted on the docket. Once it is available, this post will be updated with more information.

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Jackson’s case will now proceed to the Florida Supreme Court on direct appeal.

Prior TFDP Coverage on Jackson’s Case

• The jury’s recommendation for death by a vote of 8-4 was mentioned here.

1. For a full explanation of Hurst, see the TFDP five-part series available here.

2. The new statute went into effect on April 20, 2023. TFDP covered the entire legislative process. The posts are available in the Archive.