Almost 100 Florida death row inmates could face new sentencing trials after a decision Friday by the Florida Supreme Court.
The court ruled the state's death penalty sentencing system is unconstitutional, saying that jury verdicts on death recommendations must be unanimous, not a majority decision. The ruling strikes down a new law that allows a defendant to be sentenced to death as long as 10 of 12 jurors recommend it.
In its opinion, the Florida Supreme Court said "no reasonable jury" would allow now-illegal death sentences to be remanded to life sentences.
Local defense attorney and former prosecutor Kevin Hayslett said justices are following a trend of what Supreme Courts have been doing around the country.
"It's that old adage," said Hayslett. "Rather have 10 guilty people go free than one innocent person be put to death."
The FL Supreme Court death penalty sentencing decision effectively means nearly 100 death row inmates could face new sentencing trials.
— Troy Kinsey (@TroyKinsey) October 14, 2016
Friday's ruling puts Florida's death sentencing law in limbo. It also opens the door for dozens of Death Row inmates whose sentences were recommended by divided juries to appeal for new sentencing trials, and potentially see their sentences reduced.
Hayslett predicted the ruling will bring the number of death sentences in Florida down significantly in the future, a big change for a state with the second highest Death Row population in the U.S.
"It means we're going to be less pro-death penalty than we were before, and more in line with the rest of the states," said Hayslett.
As of Friday, there were 385 inmates on Florida's death row.
Information from the Associated Press was used in this report.