HURST, TIMOTHY L. V. FLORIDA: The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Whether Florida's death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court's decision in Ring v. Arizona, 536 U.S. 584 (2002).
Judge Martinez may be vindicated after all.
Martinez up for the facdl award!
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.
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.
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.
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