Yesterday, a Tenth Circuit judge ruled that applying Florida’s new capital sentencing statute to cases that were pending when the law was enacted on April 20 would violate the Ex Post Facto Clause.
I can definitely see what you mean, Dave. There are a bunch of different ways to answer that because these matters are so complex. A few thoughts:
1. These two cases in Polk County are a bit different than the three pending at the FSC right now because they are "new" cases, whereas the three pending at the FSC are Hurst resentencings.
2. The trial courts have to make a determination before a party can raise it with the FSC for the FSC to review the issue.
I am personally glad for this ruling especially as there is now the death penalty for rape under 12 years old. Next we need to address the pedo payroll issue for the pedophile protection professionals that operate in the police, judges, lawyers, doctors, charities, and children services, as there is no point in having laws, if those that have sworn an oath to protect people don't follow them. Florida is well known for child abuse cover ups, just look at Epstein.
This ruling should apply to all cases where a verdict hasn't been reached.
I may be incorrect here, but wouldn't it be logical and more resourceful to hold all these cases until the Florida Supreme Court settles the issue?
I can definitely see what you mean, Dave. There are a bunch of different ways to answer that because these matters are so complex. A few thoughts:
1. These two cases in Polk County are a bit different than the three pending at the FSC right now because they are "new" cases, whereas the three pending at the FSC are Hurst resentencings.
2. The trial courts have to make a determination before a party can raise it with the FSC for the FSC to review the issue.
Thanks. 'Complex' is an understatement when discussing Florida's death penalty. It constantly opens doors for appeals.
I am personally glad for this ruling especially as there is now the death penalty for rape under 12 years old. Next we need to address the pedo payroll issue for the pedophile protection professionals that operate in the police, judges, lawyers, doctors, charities, and children services, as there is no point in having laws, if those that have sworn an oath to protect people don't follow them. Florida is well known for child abuse cover ups, just look at Epstein.
This ruling should apply to all cases where a verdict hasn't been reached.