impatientredhead
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- Aug 6, 2008
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I have no problem with 'Knight' controlling the possible addition of a felony murder or, perhaps, a felony manslughter charge prior to the jury being instructed on the charges. I do still hold that the evidence that we know of would not permit the simultaneous existence of both a premeditated murder charge and a felony murder charge in this case.
As regards the current availability in Florida of the death penalty for a felony murder conviction, my problem remains that I cannot find a 2009 Florida statute that provides for the death penalty for felony murder. Though I saw what Mr. Hornsby posted and might normally defer to his state knowledge out of courtesy, I remain in search of clear authority that makes the death penalty currently available.
Mr. Hornsby, I plead for your citation?
(chuckle)
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0782/SEC04.HTM
2009 statutes, official site....
I personally would go with "I think the way Florida handles their capital murder cases is a travesty and inherently unfair to the defendant" rather than sticking with they can't pursue premeditated and felony.
They can, they do, and the jury does not have to agree as long as they all think she killed her. Of course aggravated manslaughter falls under the lesser charges in this case so technically you could see that come back, but I would hold my breath personally.