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Dozens of death cases across Florida remain in limbo after three judges have declared the states new sentencing scheme unconstitutional. As Mike Vasilinda tells us, the question keeping some from going forward is whether or not a 10-2 jury death recommendation is constitutional.

Florida, Alabama, and Delaware are the only death states that don’t require unanimous jury verdicts to sentence someone to die.

“There are three states who are outliers\” said Florida Supreme Court Chief Justice Jorge LaBarga from the bench last month while it considered a death sentence declared unconstitutional in Osceola County.

Three circuit judges have ruled the law unconstitutional. But the Florida Supreme Court has gone on break for the rest of the summer without deciding whether the judges were right or wrong.

“My name is Ted Bundy”

Prosecutors invoked the serial killers name during the spring legislative session to argue against unanimous verdicts. Bundy went to the electric chair on a ten two vote.

Prosecutors repeatedly told lawmakers that requiring unanimity put too much power in one jurors hands.

“One person with total veto power, ah, that’s a bad thing” says Second Judicial Circuit State Attorney Willie Meggs.

The State Senate originally held out for a unanimous decision to sentence someone to death, then it compromised, says Senate President Andy Gardiner (R-Orlando).

“The alternative is you have no guidance to give to state attorneys when it comes to these cases in the future if we hadn’t gotten something done.”
“Or there would be no death penalty?”
“exactly” Gardiner told us.

Each of the state’s 20 prosecutors is dealing with the uncertainty differently. Some are moving full speed ahead, but others, like Meggs, are not.

“Until they clarify it and make a decision and rule and we’re kinda gonna be in this limbo land.”

And 100 or more pending death cases could be impacted by what the state supreme court eventually decides. Prosecutors say there are 13 pending death cases in Pensacola, 23 in Jacksonville, and 7 or 8 in Tallahassee. Other state attorneys did not respond to our email.

While prosecutors pointed to Ted Bundy as a reason not to require unanimous jury verdicts, two other serial killers, Aileen Wuornos and Danny Rolling both went to their deaths with unanimous jury recommendations.