FLORIDA — The Florida Supreme Court has upheld the state’s 2023 capital sentencing law, rejecting constitutional challenges in two death penalty cases, Hunt v. State and State v. Jackson, according to an article by Tracking Florida’s Death Penalty. The court recently heard both cases, which directly challenged the validity of the revised sentencing scheme, and declined to overturn the convictions or sentences.
Michael Hunt was sentenced to death under the 2023 capital sentencing scheme and raised six arguments on direct appeal. One of his primary claims was that the new statute violated ex post facto laws because it made the death penalty more likely in his case than it would have been under the prior sentencing framework. The Jackson case raised a similar argument, as Michael Jackson’s sentencing was delayed long enough that it fell under the new sentencing scheme, while his codefendants were sentenced under the previous law. In both cases, the appellants argued that the timing of the new statute resulted in harsher sentences than would have been probable before 2023.
According to the article, Florida’s current capital sentencing scheme allows a jury to recommend the death penalty when at least eight jurors vote in favor, rather than requiring a unanimous recommendation. Hunt was sentenced to death following a 10-2 jury recommendation, while Jackson received a death sentence based on an 8-4 recommendation. Both men appealed their sentences, but the Florida Supreme Court upheld the death penalty in each case.
The article explains that Hunt appealed his sentence by arguing that the capital sentencing scheme violated both the Sixth and Eighth amendments to the U.S. Constitution. The article cited Hunt’s argument, which stated, “‘although we have previously determined that the Sixth Amendment does not require a unanimous jury to recommend a death sentence . . . we should reevaluate our precedent in light of the United States Supreme Court holding in Ramos v. Louisiana, 590 U.S. 83 (2020).’” The court rejected that argument, concluding that the Ramos decision does not apply because “‘a jury’s recommendation is not equivalent to a verdict.’”
Hunt also argued that the application of the 2023 statute violated ex post facto protections by increasing the likelihood of a death sentence after the law was enacted. The court disagreed, stating that “‘the recent changes to the death penalty scheme do not alter the definition of criminal conduct or increase the penalty by which the crime of first-degree murder is punishable.’”
The article also details the appeals raised in the Jackson case, which mirrored many of Hunt’s constitutional arguments. Jackson was resentenced to death under the new capital sentencing scheme, while his codefendants were not. As the article notes, “unlike his codefendants, Jackson’s resentencing was delayed for several reasons, which caused it to occur after the 2023 statute went into place.”
Jackson challenged the 8-4 jury recommendation, arguing that it violated the Constitution. The court dismissed the claim, stating, “Jackson does not explain how a statute requiring eight or more jurors to recommend a death sentence can facially violate a constitutional provision that itself does not require a jury recommendation of death.”
The article further highlights Jackson’s additional arguments on appeal, including claims of discriminatory sentencing and violations of the Eighth Amendment. The court found that Jackson failed to demonstrate a racial discriminatory factor in his sentencing and reiterated that “‘the Eighth Amendment does not require a jury’s favorable recommendation before a death penalty can be imposed.’” All of Jackson’s arguments were ultimately rejected.
Both cases presented multiple constitutional challenges to Florida’s revised sentencing scheme, but the Florida Supreme Court denied each appeal. The court upheld both death sentences, and Hunt and Jackson remain on death row.
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