Florida Supreme Court Issues Decisions in Two Direct Appeals

The Florida Supreme Court recently issued decisions on two direct appeals, which are likely the last regular release of opinions before the summer break. Both appeals involved inmates who were sentenced to death under Florida’s prior capital sentencing scheme. The first case was Allen Ward Cox’s direct appeal from his sentence of death, while the second case was Tyrone T. Johnson’s direct appeal from his sentence of death. Both appeals were denied, and the Court affirmed the death sentences.

Allen Ward Cox’s Direct Appeal

Allen Ward Cox was originally sentenced to death for crimes he committed in 1999 while he was serving a prison sentence at Lake Correctional Institute. In 2017, Cox was granted a new penalty phase based on Hurst, which requires a jury’s unanimous recommendation for death, among other findings. At the end of the penalty phase, the jury unanimously recommended that Cox be sentenced to death. On October 24, 2022, the trial court resentenced Cox to death.

Rejection of Nonstatutory Mitigating Circumstances

Cox’s direct appeal raised several issues, including the trial court’s rejection of nonstatutory mitigating circumstances. Cox argued that the trial court erred in rejecting the nonstatutory mitigating circumstance that he suffers from the early signs of dementia and two other proposed nonstatutory mitigators. However, the Court found no merit in these claims, and Cox’s appeal was denied.

Prosecutor’s Comments During Closing

Another issue raised in Cox’s direct appeal was the cumulative effect of the prosecutor’s comments during closing, which Cox argued was so prejudicial as to taint the jury’s recommended sentence. The Court, however, found no error in the prosecutor’s comments, and the appeal was denied.

Constitutionality of Florida’s Capital Sentencing Scheme

Cox’s direct appeal also raised several claims regarding the constitutionality of Florida’s capital sentencing scheme. The Court found these claims to be “well-worn” and “repeatedly rejected” and denied relief on all the claims. Justice Labarga concurred in result but reiterated his disapproval of the Court’s abandonment of its decades-long practice of conducting comparative proportionality review in death penalty direct appeal cases.

Tyrone T. Johnson’s Direct Appeal

Tyrone T. Johnson was sentenced to death for crimes he committed in 2018. The jury recommended a sentence of death unanimously under Florida’s prior capital sentencing scheme, and the trial court sentenced Johnson to death. Johnson raised seven issues on appeal.

Video of Johnson’s Interrogation

One of the issues raised in Johnson’s direct appeal was regarding a video of Johnson’s interrogation that was admitted in the guilt phase. Johnson argued that the video should not have been admitted. However, the Court found no error in admitting the video, and the appeal was denied.

Al Johnson’s Testimony

Another issue raised in Johnson’s direct appeal was regarding Al Johnson’s testimony at the Spencer hearing. The Court also found no error in this regard, and the appeal was denied.

Significance of History Mitigator

The third issue raised in Johnson’s direct appeal related to the trial court’s misunderstanding of the “no significant history” mitigator. The Court found that while the trial court did make an error in this regard, the error was harmless and denied relief. The Court affirmed Johnson’s conviction and sentence of death.

Conclusion

The recent decisions by the Florida Supreme Court in these two direct appeals show the complexities of capital punishment and the challenges that come with it. Although there were issues raised by both Cox and Johnson, the Court ultimately denied relief on all the claims and affirmed the death sentences. While these decisions may not satisfy all parties involved, they represent the law as it exists in Florida and the legal procedures that govern capital cases in the state.

Originally Post From https://fladeathpenalty.substack.com/p/florida-supreme-court-affirms-two

Florida Supreme Court affirms two death sentences on direct appeal