The state is seeking the death penalty for Quiles. The court will now apply a recent law only requiring a supermajority for a death recommendation.
The law allows for only eight jurors to recommend a death sentence, rather than provide a unanimous decision.
“Yeah, it gets challenged routinely, in essentially every case,” said Luke Newman, a board-certified specialist of criminal appeals, speaking about death sentences in Florida cases.Newman said it’s not uncommon to hear about a Supreme Court case that reverses a sentencing proceeding, but what is uncommon is a resentencing for cases involving this new law.
“Even among experienced lawyers and judges, there is some difference of opinion whether the procedure adopted in April should apply to cases where the offenses had occurred prior,” Newman said.If Quiles gets the death sentence, Newman is confident the case will make its way to Florida’s high court, especially if the jury isn’t unanimous.
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