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In June 2002, The U-S Supreme Court issued it’s “Ring Decision” finding only a jury could determine if death was appropriate. Florida Justices immediately downplayed it’s significance..and judges were reminded of that decision this week by the Attorney General’s office because they want to narrow the changes to existing death sentences. Justice Fred Lewis wrote the original opinion.

“We can be wrong. I have to be big enough to admit.”

In January the Nation’s highest court did indeed say Ring applied to Florida. Just Barbara Pariente read it outlaid more than once.

“As we hold the sentencing scheme unconstitutional.”

Death Row Attorneys are asking the court to re-sentence all 389 death row inmates to life in prison. The state wants the court to keep death sentences for everyone already there. Justice Lewis doesn’t think that’s fair.

“And that one person is executed today, but the one that comes up tomorrow is not, and there’s really no difference between their cases” said Lewis from the bench.

Right now, there are 43 active death appeals here at Florida’s Supreme Court. And  because those appeals aren’t final, all 43 will likely be be automatically re-sentenced to life in prison.

But what about the other 346? Since Ring, 40 inmates went to their death in Florida.

Rex Dimmig is the 10th Circuit Public Defender. “So they followed their normal procedural sorts of rules. Unfortunately it does result in people having been executed that we now know were unconstitutionally executed” says Dimmig.

Now the court must decide if it wants to chance getting it wrong again by keeping most death sentences. dOr avoid that mistake by sentencing every prisoner facing death to life without parole.

State lawmakers are looking at new sentencing schemes for Florida. This week a House committee adopted a 9-3 jury recommendation. The Senate is considering requiring a unanimous verdict. Neither house is considering what to do about those already on death row.