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Supreme Court hears challenge to Florida death penalty law

 
Published Oct. 14, 2015

Supreme Court justices seemed troubled Tuesday by Florida's unique system of imposing the death penalty, as they considered a challenge that argues the process gives judges too much power and juries too little in assigning the ultimate punishment.

Challengers said the state law conflicts with the Supreme Court's decision in 2002, which said that a defendant has the right to have a jury — rather than a judge — decide whether something extraordinary about the crime makes the defendant eligible for the death penalty.

"Under Florida law, Timothy Hurst will go to his death despite the fact that a judge — not a jury — made the factual finding that rendered him eligible for death," said lawyer Seth Waxman.

Hurst was convicted of the 1998 murder of Cynthia Lee Harrison, his co-worker at a Popeyes chicken restaurant in Pensacola.

"Florida, and Florida alone," Waxman said, has such a "muddle" of responsibilities between a judge and jury. Waxman said there are numerous reasons to think Florida's approach is unconstitutional.

Like in other places, Florida requires a jury to consider aggravating circumstances that would make a defendant eligible for the death penalty — for instance, that the crime was committed during a robbery, or was particularly "heinous, atrocious or cruel" — along with mitigating circumstances, such as a defendant's low IQ or childhood abuse.

But Florida does not require the jury to be unanimous in recommending death. In Hurst's case, the jury found two aggravating circumstances on a vote of 7 to 5. But it is unclear whether all seven agreed on both, or, for instance, whether four agreed on one and three on the other.

The Florida jury was also told that its recommendation was not binding and that it was up to the judge to make a final decision. And the judge could consider evidence that the jury did not.

Those factors make the law unconstitutional, Waxman said.

Waxman seemed to have support from the justices who generally are skeptical about the death penalty. Justice Antonin Scalia, a strong proponent of capital punishment, also signaled concerns.

The case is Hurst vs. Florida.