Pending at the Florida Supreme Court
Here’s the latest on cases pending at the Florida Supreme Court related to Florida’s 2023 capital sentencing statute.
As we head into the holiday season, here’s the latest on cases pending at the Florida Supreme Court related to Florida’s 2023 capital sentencing statute, which wreaked havoc on Florida’s capital sentencing system and threw several cases into limbo.
Petitions Related to Application of 2023 Statute to Hurst Resentencing
Four petitions pending at the Court related to cases in which resentencing—granted in light of Hurst1—was pending when the new statute went into place. The questions posed in the petitions relate to whether the 2023 statute is appropriately applied to the resentencing proceedings in those cases.
Looney (No. SC2023-0886) - Looney’s resentencing in Wakulla County is stayed pending resolution of the petition. The State’s motion to dismiss Looney’s petition remains pending.
Gonzalez (No. SC2023-0740) - After some confusion, the State responded to Gonzalez’s Amended Petition on August 25. Gonzalez’s Reply was filed on September 1. Since then, both sides have filed Notices of Supplemental Authority.
Smith (No. SC2023-1151) - 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.
McGirth (No. SC2023-1229) - The trial court (Marion County) stayed McGirth’s resentencing pending resolution of his petition. The State filed a Motion to Dismiss on September 20 and a Notice of Supplemental Authority on September 26.
Petition Related to DCA Jurisdiction on this Topic
Another petition filed by codefendants Jerone Hunter and Troy Victorino (Petitioners) remains pending, in which Petitioners challenge the Fifth DCA’s jurisdiction to weigh in on the trial court’s ruling that Florida’s prior unanimity statute applied to their Hurst resentencing. (No. SC2023-1446) Recall that the Fifth DCA overturned the trial court’s decision and directed that the court apply the 8-4 statute instead. The State has not yet responded to the Petition.
TFDP has covered this from the beginning:
Trial court’s ruling that 12-0 statute applies
Fifth DCA’s Order granting Petition
Trial court issues mistrial following the Fifth DCA’s ruling
Fifth DCA’s written decision
Direct Appeals
Those who have been sentenced to death under the 2023 statute have direct appeals pending at the Court.
Zieler (No. SC2023-1003) - Zieler was sentenced to death following the jury’s recommendation for death by a vote of 10-2. His 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.
Smith also has another petition pending at the Court related to another issue. (No. SC2023-1125)