AZlawyer
Verified Attorney
- Joined
- Oct 1, 2008
- Messages
- 7,883
- Reaction score
- 2,123
Gotcha. So, even though they questioned the unanimity issue in october, they only ruled on the fact that in Florida a judge can assign DP based on different aggravating factors than the jury? Is that correct? But the death penalty is currently suspended in Florida, correct?
I don't see why it would be suspended. I'm totally confused by that suggestion. I would think everything could proceed as normal except that the jury has to be asked specifically what facts they found in aggravation and the judge can't override the jury recommendation. So the statute about the judge overriding is out, but that doesn't mean the whole set of statutes is unusable.