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Florida’s dead penalty was on trial at the Florida Supreme Court today. It was the first death case taken up by the court since the nations high court said in January parts of Florida’s death penalty are unconstitutional. As Mike Vasilinda tells us, now Florida’s Justices must decide if everyone on death row gets a life sentence or if some may still be executed.

Michael Lambrix is scheduled to die February 11th. But his black bordered death warrant was signed weeks before the U-S Supreme Court ruled that the way Florida sentences people to death is unconstitutional. Their reason, because judges, not juries make the final decision. Lambrix attorney Marty McClain told the state Supreme Court the condemned mans death sentence is invalid.

“Under Florida law, there has not been a conviction of the facts necessary to impose death” McClain told Justices

The lawyer wants everyone on Death row to get a life sentence.

“To execute people in Florida on the basis of a statute that has been declared unconstitutional is just wrong” McClain said in closing.

But the State argues the US Supreme Court decision doesn’t apply to the 389 already on death rowans says all should be put to death. Assistant Attorney General Scott Brown said commuting the sentences to life would be “Catasthropic”.

“These are horrible, tragic cases. And to unsettle the expectations of victims family members in that manner is clearly unwarranted” says Brown.

The arguments come as lawmaker are being forced to change how juries decide a death sentence. The current law allows a 7-5 split.
For the last four years, legislation to require unanimous jury verdicts, or even to abolish the death penalty have been introduced. Neither has gone anywhere.1

Juries in Lambrix’s case recommended death by 8-4 and 10 to 2 margins.

Defense attorneys say keeping a death sentence for some but not

everyone already convicted would violate the constitution’s provision for equal treatment under the law.