Yesterday’s Florida Supreme Court opinions gave us an entirely new category of Hurst cases, while another death row inmate got a new sentencing hearing under Hurst. And there were dissents. And a few rules cases. Nodding to Father Time, we’ll have analysis soon.
Public Safety Advisory: one of these cases made a sip of coffee go down the wrong pipe, placing your author out of service for a minute or two while he recovered in his office. We advise no drinking coffee (or other beverage) when you read State v. Silvia. Spoiler: Silvia is our new category of Hurst cases–non-unanimous jury after Ring v. Arizona; no new sentencing hearing. Waived postconviction relief forever and always. Six-to-one, Justice Lewis dissenting. Merits more discussion. Stay tuned.
Today, look for more Hitchcock orders from the Florida Supreme Court, and opinions from the Second, Fifth, and possibly, First DCAs. We’ll tweet ’em when we see ’em, @fla_ct_rev.