Nassau County trial postponed pending Florida Supreme Court's input on new statute
Patrick McDowell's penalty phase was set for September. The trial court postponed the trial to April 2024 pending the Florida Supreme Court weighing in on the new capital sentencing statute.
Here’s another case affected by the new capital sentencing statute.
I’m not sure if I will ever stop calling it the “new” statute. How long until it is not “new” anymore?
Background on Patrick McDowell’s Case
Patrick McDowell was charged with first-degree murder and other charges for crimes that occurred in 2021 that involved the killing of a Nassau County Sheriff’s deputy. The State seeks the death penalty against McDowell for the first-degree murder charge.
In March of this year, McDowell pled guilty to the charges.
His penalty phase was scheduled for September.
Court Postpones Penalty Phase
After Florida’s new capital sentencing statute went into effect in April, McDowell, through his attorneys, filed various motions challenging the statute, both as to its constitutionality and its applicability to McDowell’s case.
On Wednesday, the trial court held a hearing on McDowell’s motions. McDowell appeared at the hearing via Zoom, according to news reports. Also according to news reports, the Court ruled that the penalty phase will be postponed to April 2024 to give the Florida Supreme Court time to rule on the applicability of Florida’s new capital sentencing statute to cases like McDowell’s.
NOTE: I tried to verify the ruling, but there is no Order on the docket as of this post. I will update this post if and when an Order is entered.
According to the docket, a status conference in McDowell’s case is scheduled for September 19.
News articles on McDowell’s Case:
Cases Pending at the Florida Supreme Court
As to the Florida Supreme Court weighing in on the new statute, three cases (Hertz, Looney, and Gonzalez) are currently pending in front of the Court related to the applicability of the new capital sentencing statute to cases that were pending when the statute was passed. Two of the cases (Hertz and Looney) are currently subject to dismissal. Here’s TFDP’s prior coverage on the confusing litigation that has unfolded at the Florida Supreme Court in these cases:
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.
There is one important distinction between these three cases and McDowell’s, though. Hertz, Looney, and Gonzalez are all Hurst resentencing proceedings that were pending when Gov. DeSantis signed the new law. McDowell’s is a new case that was pending when the new law was passed.
Rulings Across the State on the New Statute
In addition to the cases pending at the Florida Supreme Court, courts across the State have had to address how the new capital sentencing statute applies to cases that were pending when the law was passed. This post from TFDP earlier this month has a list of the rulings from around the State:
