BREAKING: Florida’s New Death Penalty Law Is Unconstitutional, State Supreme Court Rules —>https://www.buzzfeed.com/chrisgeidner/floridas-new-death-penalty-law-is-unconstitutional-state-sup?utm_term=.juq9EP2xl3 …
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FULL REPORT: Florida’s New Death Sentencing Law Is Unconstitutional, State High Court Rules —>https://www.buzzfeed.com/chrisgeidner/floridas-new-death-penalty-law-is-unconstitutional-state-sup?utm_term=.bcn26ypYrn#.mdbQaJVRM8 …
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Three key "moving forward" points out of today's Florida Supreme Court death penalty sentencing law ruling —> https://www.buzzfeed.com/chrisgeidner/floridas-new-death-penalty-law-is-unconstitutional-state-sup?utm_term=.fjELa0ZN6V#.os0MEVAr2O …pic.twitter.com/87vH27mdpL
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. Under Teague it should.
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Nope. Ring was not held to be retroactive under Teague. https://www.law.cornell.edu/supct/html/03-526.ZS.html …
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FL retroactivity law is different though, so it could be retroactive under FL law. (Also: It's likely at least retro to Ring.)
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. Also, I doubt very much that Summerlin would survive the new court, if Florida retroactivity law didn't fix it.
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Well, the Florida Supreme Court ain't overruling it, though.
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But it implies it ;)
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I suspect the retroactivity question will be answered shortly when the Court decides the Lambrix and Asay cases.
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Well, obviously. But, my point is that they didn't decide it today. Why the holdup on them?
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My sinister belief is that the timing is delicate given the election and upcoming FL Constitutional Revision Commission.
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