No Easter mercy

May 18, 2012

  • 350H Sentencing and Punishment
  • 350HVIII The Death Penalty
  • 350HVIII(G) Proceedings
  • 350HVIII(G)4 Determination and Disposition
  • 350Hk1784 Verdict or Recommendation of Jury
  • 350Hk1784(3) k. Overriding Jury Recommendation.

350H Sentencing and PunishmentTrial court did not err in overriding jury recommendation of life imprisonment and sentencing defendant to death, where facts suggesting a sentence of death were so clear and convincing that virtually no reasonable person could differ, and jury’s recommendation may have been result of highly emotional closing argument of defense counsel the Tuesday before Easter Sunday, which amounted to a nonlegal sermon which referred several times to Easter, the Last Supper of Jesus and his disciples, and the covenant of God’s love for humanity which must be passed along with the cup of forgiveness to the next generation of children.
Francis v. State, 473 So. 2d 672 (Fla. 1985)
Suggested by Loretta Smith, Westlaw Reference Attorney