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Florida statute also provides the death penalty for capital drug trafficking and discharging or using a destructive device causing death. A provision for capital sexual battery was found unconstitutional in the 2008 U.S. Supreme Court case Kennedy v. Louisiana. No one is on death row in the United States for drug trafficking.
Hurst v. Florida, 577 U.S. 92 (2016), was a United States Supreme Court case in which the Court, in an 8–1 ruling, applied the rule of Ring v. Arizona [1] to the Florida capital sentencing scheme, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty.
Hall v. Florida, 572 U.S. 701 (2014), was a United States Supreme Court case in which the Court held that a bright-line IQ threshold requirement for determining whether someone has an intellectual disability (formerly mental retardation) is unconstitutional in deciding whether they are eligible for the death penalty.
Death penalty sentences are rare in Florida, especially after 2016 when the state revised the law requiring a unanimous decision by the jury.
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TALLAHASSEE — Pointing to a “medical consensus” about Fetal Alcohol Syndrome, attorneys for inmate Michael Duane Zack on Sunday urged the Florida Supreme Court to block his scheduled Oct. 3 ...
In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override. [ 3 ] Researchers who analyzed survey data from thousands of capital jurors found that "residual doubt" about the person's guilt was the most significant reason jurors voted for a life sentence instead of the death penalty.
Harris, 465 U.S. 37 (1984) — A state appellate court, before it affirms a death sentence, is not required to compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner. Whitmore v. Arkansas, 495 U.S. 149 (1990) — Mandatory appellate review is not required in death penalty cases.