Florida’s Fifth District Court of Appeal says new sentencing procedures should apply to pending death penalty cases.
Two defendants argue they should not be eligible for the death penalty after the U.S. Supreme Court invalidated Florida’s capital sentencing system. Their lawyers argue applying new sentencing guidelines to previous cases would amount to moving the goal posts—even though the new requirements are friendlier to defendants. The state appeals court rejects those arguments. It says the Florida’s new system changes procedures rather than criminal law.
