tag:blogger.com,1999:blog-9615048.post3118388977424691730..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Supreme Court to review Florida death penaltyDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-9615048.post-63139550283404005672015-03-12T09:21:32.683-04:002015-03-12T09:21:32.683-04:00Martinez has courage the panel has none. No death ...Martinez has courage the panel has none. No death sentence should be upheld when it is in question due to evolution of the law. To do otherwise is to be a coward and participant in the death of a human being because of legal niceties. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-71414040428356345012015-03-11T10:30:53.185-04:002015-03-11T10:30:53.185-04:00Plus, Literati, Carnes was following SCOTUS preced...Plus, Literati, Carnes was following SCOTUS precedent that had squarely held that Florida's death-penalty scheme was constitutional, even though he recognized that Ring's reasoning clashed with said prior precedent. Neither JEM nor the Eleventh was free to conclude otherwise.P. Guyotatnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-57864222701629086852015-03-11T09:16:27.091-04:002015-03-11T09:16:27.091-04:00I can definitely see SCOTUS concluding that Florid...I can definitely see SCOTUS concluding that Florida's death-pentaly scheme is unconstitutional under Ring and Apprendi. But, to be fair to Carnes, Evans was an AEDEPA case, which greatly limits what courts of appeals can do. Hurst is a plain plenary review by SCOTUS. Literatinoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-61712257205243411332015-03-10T19:40:46.999-04:002015-03-10T19:40:46.999-04:00Martinez up for the facdl award!Martinez up for the facdl award!Anonymousnoreply@blogger.com