WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, October 14, 2015

THE DEATH OF THE DEATH PENALTY?


This exchange before the US Supreme Court yesterday may just have killed Florida's Death Penalty Statute

JUSTICE BREYER:  Suppose that the jury comes  back at the sentencing phase and says, we recommend  life...

 JUSTICE BREYER:  No, we ­­ we have ­­ they  have a page in their opinion, in their brief, you know,  Page 20, where it cites about six Florida cases, which  suggested to me that they thought the answer to that  question as a matter of Florida law was, Yes, the judge  can sentence to death.  

MR. WINSOR:  Yeah.  Let me ­­ let me ­­ 
  JUSTICE BREYER:  Is that so or not so? 

  MR. WINSOR:  Let me be clear:  As a matter  of Florida statutory law, it is permitted.  We  acknowledge that under Ring it would not be permitted in the circumstance where the State is relying on the  recommendation to satisfy the eligibility...

Let us interpret for you:
Justice Breyer wanted to know if Florida permitted a life  override- where a jury recommends life and the judge sentences the defendant to death. Florida law allows such a heinous result. 

Winsor- the attorney arguing for Florida, admitted that such a result was both authorized by Florida law and violated Ring v. Arizona. 

That sound you heard was defendants everywhere in Florida sentenced to death under such a blatantly unconstitutional scheme cheering.  That sound you heard was also bloodthirsty Florida prosecutors weeping in their death cocktails. 

Florida's death penalty statute will be struck down faster than a judge downing free hors-d'oeuvres at a judicial reception.  

You read it here first.

17 comments:

David Markus said...

Well to be fair, Judge Martinez said so first: http://sdfla.blogspot.com/2012/10/judge-carnes-and-shakespeare.html and http://sdfla.blogspot.com/2011/06/florida-death-sentence-overturned-as.html

Rumpole said...

And a well reasoned opinion it was. And if you read the 11th circuit opinion overruling him, it's a total cop out. Basically saying he was right but the Supreme Court has to say so. In fact I'm going to post that disgrace of an opinion tomorrow.

Free Buju btw.

Anonymous said...

Kinda cheap shot Rumpolium.
Fake Reid Ruben and
Fake Gail "never fail" Levine the death machine.

Anonymous said...

I wish people would read. Didn't Winsor go on to say that since Ring a judge has never overridden a life rec with a death sentence because everyone recognizes that would be unconstitutional? So you're talking about defendants in pre-Ring cases jumping for joy?

Anonymous said...

If you kill someone in cold blood you deserve nothing less than death. Period.

Frankly, it's waived far too often.

Rumpole said...


So Winsor is saying the law is deeply flawed but don't worry no one tries to do that part of the law which the law specifically authorizes but we all know is unconstitutional. Wink. Wink. Trust us. No yahoo judge in North Florida would ever try to override a jury life reccomendation. Even though the law specifically allows him to do it. Feel real good about that argument do you? "Yeah the plane can't fly but that's OK. No one tries to fly it.

Anonymous said...

It's all champagne and party hats and streamers here in the pds death penalty unit. Real Fake Edith Georgi us dancing a jig while Steve skirmish Yermish is dancing with a lamp. And yet no one realizes they are out of jobs.

Anonymous said...

Loving the comments. Rump on point and the funny ones are funny.

Kissimmee Kid said...

If you kill someone in cold blood you deserve nothing less than death. Because if we don't kill people how are they going to know that killing is wrong? Do as I say, not as I do.

Rumpole said...

Ladies and gentlemen I present to you the logic and thinking that will end the world. Read above.

We're doomed.

Anonymous said...

Life. Death. Whatever.

Chicken parm you taste so good.

Anonymous said...

Breaking. An apd won 86k on draft kings. Last week he won 22k. He was doing 2500 a week on baseball. He has a bankroll now of 200k. Rumor is he is resigning tomorrow to do this full time.

Anonymous said...

On death penalty, abolishment is the only remedy. By the way, did anyone hear about another BSO court deputy getting arrested? No sex this time. Just dealing in stolen property with his wife. LOL

Anonymous said...

I apologize. If you kill someone, send a message it's ok and you will live, on our dime. We will pay to house and feed and medical forever, you are a pillar of the community and deserve to be taken care of forever.

Rumpole said...

Confirmed. Au Bon Pain closes after today at regjb.

Anonymous said...

752am. Can you be that simple?

Kissimmee Kid said...

No, we cannot spend a few bucks to confine you in primitive conditions, isolated from human society, we must open the money floodgates and pay, pay, pay, so that you die, die, die. If we don't kill people how in the world will we ever teach people it is wrong to kill. We have to show that killing is morally wrong and what better way to do that by killing people?