& SC16-2133 Patrick Albert Evans v. State of Florida & Juan Rosario v. State of Florida
213 So. 3d 856
| Fla. | 2017Background
- Consolidated petitions for writs of prohibition in Evans v. State and Rosario v. State; petitions denied.
- Trial court in Evans proposed death-qualifying a jury and instructing for death if four unanimous findings exist.
- Rosario sought to prohibit death-qualifying after Perry; trial court initially ordered life, State sought prohibition.
- Florida Supreme Court analyzes Hurst (unanimous jury findings for death) and Perry (10-12 juror death recommendation issues).
- Court concludes 12-member unanimous jury is required for death under Hurst and Perry’s framework and that the problematic 10-2 provision is severable but not to the point of invalidating the entire Act; Petitions denied.
- Court leaves capital prosecutions able to proceed with death-qualifying jury instructions under corrected framework; tolling speedy trial remains for later consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of 10-2 death recommendation | Evans/ Rosario: 10-2 provision unconstitutional under Hurst. | State: Act largely constitutional; severable; majority can apply pending prosecutions. | Unconstitutional 10-2 provision severable; majority allows pending prosecutions with proper unanimity requirements. |
| Severability of the Act's unconstitutional provision | Removal of 10-2 provision invalidates entire Act. | Unconstitutional portion separable; rest remains operable. | Unconstitutional portion severable; a complete law remains without it. |
| Application to pending prosecutions under Hurst/Perry | Act cannot be applied to pending prosecutions; death penalty issues unresolved. | Act can be applied to pending prosecutions with unanimous findings and unanimous death recommendation. | Act can be applied to pending prosecutions with corrected framework; no need to hold entire Act invalid. |
Key Cases Cited
- Hurst v. Florida, 136 S. Ct. 616 (U.S. 2016) (requires unanimous jury findings for death before imposition)
- Perry v. State, 210 So.3d 630 (Fla. 2016) (addresses constitutionality of the 2016 Act on pending prosecutions (10- juror rule))
- Cramp v. Bd. of Pub. Instruction of Orange County, 137 So.2d 828 (Fla. 1962) ( severability test for unconstitutional provisions)
- Ray v. Mortham, 742 So.2d 1276 (Fla. 1999) (severability principles in statute analysis)
- State v. Catalano, 104 So.3d 1069 (Fla. 2012) (severability and legislative intent considerations)
- Martinez v. Scanlan, 682 So.2d 1167 (Fla. 1991) (traditional severability framework)