Richard P. Franklin v. State of Florida
209 So. 3d 1241
| Fla. | 2016Background
- Franklin, a long‑term inmate at Columbia Correctional Institution, lured Sgt. Ruben Thomas to his cell, struck him, chased him to the officer’s station, and stabbed him repeatedly with a homemade 10.5" shank, inflicting fatal neck wounds.
- Thomas sustained multiple stab and defensive wounds and died from a deep neck laceration severing major vessels and puncturing a lung.
- Franklin was tried, convicted by a jury of first‑degree premeditated murder, and the jury recommended death by a 9–3 vote.
- At sentencing the trial court found five statutory aggravators (including prior violent felonies, murder to hinder government function, HAC, CCP, and inmate status) and several nonstatutory mitigators, and imposed death.
- On appeal, the Florida Supreme Court affirmed the conviction (finding sufficient evidence of premeditation) but vacated the death sentence under Ring/Hurst principles and remanded for a new penalty phase.
Issues
| Issue | Plaintiff's Argument (Franklin) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence for first‑degree premeditated murder | Franklin: killing was not premeditated; lacked time/reflection to form intent to kill | State: weapon, planned lure, chase, repeated stabbing with force and spaced blows support premeditation | Conviction affirmed — evidence supports premeditation and first‑degree murder |
| Constitutionality of Florida's capital sentencing under Ring/Hurst | Franklin: non‑unanimous jury recommendation and lack of jury findings on aggravators violates Ring/Hurst | State: error harmless or prior violent‑felony record cures the defect | Death sentence vacated; Hurst/Ring error not harmless; remand for new penalty phase |
| Remedy under Florida law after Hurst | Franklin: statutory scheme (section 775.082(2)) mandates life sentence | State: remand for new sentencing | Court rejected mandatory life argument; ordered new penalty phase |
Key Cases Cited
- Dausch v. State, 141 So. 3d 513 (Fla. 2014) (standard for sufficiency review in capital cases)
- Johnston v. State, 863 So. 2d 271 (Fla. 2003) (elements of first‑degree premeditated murder; sufficiency standard)
- Banks v. State, 732 So. 2d 1065 (Fla. 1999) (sufficiency review precedent)
- Bradley v. State, 787 So. 2d 732 (Fla. 2001) (definition and proof of premeditation)
- Woods v. State, 733 So. 2d 980 (Fla. 1999) (premeditation definition)
- Miller v. State, 42 So. 3d 204 (Fla. 2010) (break between initial crime and decision to kill supports premeditation)
- Ring v. Arizona, 536 U.S. 584 (2002) (jury must find facts increasing punishment beyond statutory maximum)
- Hurst v. Florida, 136 S. Ct. 616 (2016) (Florida scheme unconstitutional where judge, not jury, found facts necessary for death sentence)