Florida Death Penalty System Unconstitutional, Supreme Court Says

WASHINGTON, D.C. — The U.S. Supreme Court sided with a Florida Death Row inmate Tuesday that the state’s death penalty system defies the Constitution.

In its 8-1 ruling, the country’s highest court said Florida’s sentencing is flawed because judges are given too much power over prisoners’ fates. Juries, the court asserted, should play more than an advisory role in making death recommendations.

The case was brought before the Supreme Court on behalf of Death Row inmate Timothy Lee Hurst. He was convicted in a 1998 Pensacola murder. While the jury split 7-5 in favor of handing down the death penalty for Hurst, a judge in the case passed the sentence.

Supreme Court Justice Sonia Sotomayor delivered the majority opinion writing, “We hold this sentencing scheme unconstitutional. The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough.”

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Hurst was convicted of the 1998 slaying of his Popeye’s Chicken manager, Cynthia Harrison. Her body was found in a freezer. She had been stabbed more than 60 times, bound and gagged.

The court ultimately ended up sending the case back to the Florida Supreme Court to determine if the error in Hurst’s sentencing was harmless or if a new hearing should be staged. It issued a final statement on Florida’s sentencing process, however:

“The Sixth Amendment protects a defendant’s right to an impartial jury. This right required Florida to base Timothy Hurst’s death sentence on a jury’s verdict, not a judge’s fact finding. Florida’s sentencing scheme, which required the judge alone to find the existence of an aggravating circumstance, is therefore unconstitutional.”

Justice Samuel Alito was the sole dissenter.

Tuesday’s ruling may lead to new sentencing appeals from 390 prisoners currently on Florida’s Death Row. Florida witnessed its first execution of the year last week when convicted serial killer Oscar Ray Bolin was put to death for three Tampa Bay area murders. The state’s next scheduled execution is set for Feb. 11 at 6 p.m.

As of late Tuesday morning, the Florida Supreme Court, Florida Attorney General Pam Bondi and Gov. Rick Scott had yet to make statements about the ruling.

Florida is one of three states in the country that do not demand a unanimous jury verdict in death penalty cases.

To read the U.S. Supreme Court’s full opinion, visit its website.

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