Death penalty ruled unconstitutional in fl. May effect casey trial.

[Kentjbkent]

Bump bump

 

[ohiogirl]

Assuming the Florida death penalty statute is unconstitutional, what is the basis for mistrial?
That the jury is a death-panel qualified jury? That doesn't seem like a very strong argument for a mistrial.

I would think it would be because of the way the DP is decided. But, again, as Cubby stated, she hasn't been sentenced yet. :crazy:

 

[ohiogirl]

They're grabbing at straws. It's all they've ever had to work with. I bet they're hoping she doesn't get the short one.

But, they need to get the motions on the record. They would be remiss if they didn't, imo. Just in case.

 

[ohiogirl]

just to be clear, I like AF, and I think she is a good attorney. I am not a DP advocate except in the most extreme cases, such as the Anthony Sowell trial going on in Cleveland. He deserves it. But he will probably die in prison before it is carried out. jmo

 

[JBean]

bump for today's relevance

 

[HartsX3]

If for whatever reason this would cause a mistrial... wouldn't a new jury possibly be more likely to serve the maximum sentence with the feelings of guilt, etc. gone from not having to choose someones death fate...

 

[SoCalSleuth]

Even if upheld by the US Supreme Court, the ruling is not retroactive. It happened in California in 1976. That's why Charles Manson is still around. Court just commutes death sentence to life in prison.