The Supreme Court says Florida's system for sentencing people to death is unconstitutional because it gives too much power to judges — and not enough to juries — to decide capital sentences.
Palm Beach County Public Defender Carey Haughwout has been waiting for Tuesday's opinion for 14 years. She expected for Florida’s death penalty system to be challenged when the Supreme Court decided Ring v. Arizona.
"The jury is the one that needs to make the decision, just as the jury makes the decision in every other factor in the trial,” Haughwout said.
It's not clear what this means for the nearly 400 inmates sitting on death row. Locally, we can tell you this could delay the sentencing of Eriese Tisdale.
He was convicted in 2015 for killing St. Lucie County Sheriff deputy Sgt. Gary Morales; the jury recommended death.
Tisdale was scheduled to be sentenced Friday January 15th by a judge, prosecutors are now asking for a delay in light of the Supreme Court’s decision.
The justices on Tuesday ruled 8-1 that the state's sentencing procedure is flawed because juries play only an advisory role in recommending death while the judge can reach a different decision.
"The 16 amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death."
While many questions remain, WPTV Newschannel 5 legal expert Michelle Suskauer tells us that the entire legal community is waiting to see what lawmakers in Tallahassee will do next.
"Are they going to try to reinstitute the death penalty in the state of Florida, how are they going to recreate something? Whatever they do put on the table, if the governor signs it, you should be rest assured that it will be constitutionally challenged,” Suskauer said.