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The Florida Supreme Court issued two decisions denying relief in capital cases.
In v. State, the court denied Deviney’s direct appeal from the death sentence imposed in 2017 in Deviney’s capital resentencing trial. The trial judge had initially sentenced Deviney to death in 2008 under Florida’s unconstitutional judicial factfinding procedures, imposing the death penalty after four of the jurors in the case had voted for a life sentence.
The main issue in Deviney’s appeal involved the trial court’s unconstitutional refusal to excuse a juror whose views “indicat[ed] an unyielding predisposition to vote for death in any case of premeditated murder,” forcing Deviney’s lawyer to exercise one of his discretionary strikes to remove the juror. Four of the seven justices acknowledged that existing Florida case precedent would have required the court to overturn Deviney’s death sentence. However, only one justice Justice Jorge Labarga voted to apply the law to Devin
Death sentence is overturned for mom who murdered her four young daughters in a 1998 house fire after California SCOTUS rules original judge had been threatening and disparaging
Dawn Nieves, 57, was sentenced to death in 2000 over the 1998 murders of her four young daughters and the attempted murder of her son
On Monday, California s highest court overturned the sentence, but not the verdict, citing misconduct by the trial court
The court said that the trial judge openly doubted the credibility of one defense expert by remarking on the possibility that he just doesn t know what he s talking about