We continue to watch SCOTUS, where Eric Scott Branch’s death warrant cases are pending review. Branch’s execution is scheduled for this Thursday at 6 p.m.
A group of retired justices of the Florida Supreme Court filed an amicus brief on behalf of Branch, railing against the current FSC’s retroactive application of Hurst. Among the amici is Retired Justice James E.C. Perry, who blasted the retroactivity analysis from the beginning in his dissent in Asay. Their brief is here.
The State filed its response to Branch’s cert petition. The State argues that retroactivity is a state law issue that SCOTUS typically doesn’t entangle itself in, and that the FSC’s retroactivity analysis doesn’t conflict with any SCOTUS case or case from any other jurisdiction that would warrant SCOTUS’s intervention. They also include a mini-essay footnote addressing the Retired Justices’ amicus arguments.
Stay tuned. With SCOTUS’s new system in place, we can see the briefs and motions with ease. We’ll tweet the links to anything we see, @fla_ct_rev.