Articles Posted in Sentencing

behind barsThe defendant in this case was convicted for the first-degree murder of a correctional officer while he was an inmate in a correctional institution. He was sentenced to the death penalty. This appeal was based on a case that was decided after the defendant was convicted. In a case called Hurst, it was found unconstitutional for defendants to be sentenced to death when the sentence is not reached by a unanimous jury verdict. It also addressed the use of aggravating factors. This case relies on that precedent to argue that the defendant here should also not be sentenced to death.

Aggravating Factors

Florida death penalty laws are somewhat complicated. As part of the decision to penalize someone with death, the jury must consider certain aggravating and mitigating factors. Obviously, aggravating factors weigh toward a sentence of death and mitigating factors do not. Here, the court gave five different aggravating factors great or very great weight. They were: that the defendant was convicted of a felony before, and the felony involved violence, the crime was intended to disrupt a lawful governmental function, it was especially heinous, atrocious, or cruel, and it was cold, calculated, and premeditated. Conversely, the court found no statutory mitigating factors and eight non-statutory mitigating factors that were given little to some weight.

juvenile defendantThe American criminal justice system understands that due to their age, minors do not have the same decision making skills as adults do. Thus, if a juvenile is accused of a crime, there may be defenses they can use that may not be available for adults. Of course every case is different and the best defense will depend on your circumstances. If you are being investigated or charged with a sex crime you should contact a skilled St. Petersburg sex crimes attorney as soon as possible. They can look at your circumstances and use their extensive knowledge of case law to help make sure that your rights are preserved.

Davis Case

In 2017, the Florida Supreme Court decided the Davis case, which they applied to the instant case to find that the sentence given to the defendant here should be vacated and a new penalty phase hearing should be conducted. In Davis, a man was arrested on two counts of first degree murder. He was found guilty by the jury of these murders. During the penalty phase of the trial, his attorneys presented mitigating evidence, including testimony about his cognitive functioning and mental health issues. There was little evidence proffered that supported aggravating factors for the sentencing. The jury recommended that the defendant be given two death sentences by a vote of nine to three for one of the murders and a vote of ten to two for the other murder.

juvenile defendant Criminal cases involving juvenile defendants can raise a number of tricky legal questions. Florida’s Third District Court of Appeal recently took up the case of a man who was sentenced to life in prison when he was a minor. The decision offers some important insight for anyone facing criminal charges as a juvenile, whether it’s for a Florida sex crime or another offense.

Defendant was 17 years old when he was charged with first degree murder in 1973. He eventually pled guilty to second-degree murder and was sentenced to life in prison with the possibility of parole. Defendant got that parole six years later, when he was let out of prison on supervised release. He was sent back to prison two years later after being convicted of cocaine possession and battery on a law enforcement officer. He was released on parole and sent back to prison two additional times over the next two decades.

In 2017, Defendant filed a motion seeking to correct his original life sentence. He argued that the U.S. Supreme Court’s decision in Miller v. Alabama and the Florida Supreme Court’s decision in Atwell v. State made it unlawful for a minor to be sentenced to life in prison. In Miller, the U.S. Supreme Court said that a juvenile can be sentenced to life in prison must receive some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. In Atwell, the state’s highest court struck down a sentence for a juvenile who would not have had the opportunity for parole for some 140 years.

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A death sentence is the ultimate penalty in Florida criminal cases. A recent ruling out of the Florida Supreme Court limits the circumstances under which a person can be sentenced to die as a result of a conviction. In June, the high court explained what that means for people given a death sentence prior to that ruling. The decision could have major implications for anyone facing sex crime or other charges.

Legal News GavelDefendant was sentenced to death after being convicted on charges of kidnapping, robbery, and first-degree murder in 2009. He was homeless and had been recently released from prison when he met the victim, according to the court. The victim invited Defendant to stay at his home until Defendant got back on his feet, the court said. Defendant was living at the home when he beat the victim to death, stole the man’s car and used his ATM card to withdraw $900.

Defendant was arrested after an unrelated encounter with a police officer and eventually admitted to beating the man. He had bruised knuckles and abrasions on his body. Defendant told the cops that he had been lying naked in bed with the victim and had given him a massage when the victim attempted to have anal sex with Defendant. When the victim continued those attempts, Defendant responded by beating him. Defendant said he used his fists and a wooden box and acknowledged that he used a telephone cord to tie the man up because he feared the victim would go to the police.

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