No. 25-5194

Edward J. Zakrzewski, II v. Florida

Lower Court: Florida
Docketed: 2025-07-24
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-sentencing death-penalty florida-law judicial-override jury-recommendation
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: N/A
Question Presented (AI Summary)

QP: Is it unconstitutional to execute Petitioner when his death sentences stem from jury votes of 7-5 and 6-6 and a judicial override of a life sentence?

Question Presented (OCR Extract)

Petitioner received two sentences of death due to a bare majority jury recommendation of 7 -5. On the third count, the jury recommended a life sentence without the possibility of parole. However, the trial judge decided to override the jury’s vote and sente nce Petitioner to death on the third count as well. Out of approximately 267 total death row inmates in Florida, Petitioner appears to be one of only 17 inmates whose death sentence results from a 7 -5 bare majority jury vote, and/or a judicial override of a life sentence. The following question is presented: Given that it is illegal to sentence an individual to death as the result of a bare majority jury vote or judicial override of a life sentence anywhere in this country , is it unconstitutional to execute Petitioner when his death sentences stem from jury votes of 7 -5 and 6 -6?

Docket Entries

2025-07-30
Application (25A104) referred to the Court.
2025-07-30
Application (25A104) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2025-07-30
Petition DENIED.
2025-07-29
Reply of petitioner Edward James Zakrzewski, II filed.
2025-07-28
Response to application from respondent Florida filed.
2025-07-28
Brief of respondent Florida in opposition filed.
2025-07-24
Application (25A104) for a stay of execution of sentence of death, submitted to Justice Thomas.
2025-07-24

Attorneys

Edward James Zakrzewski, II
Lisa Marie FusaroCapital Collateral Regional Counsel - North, Petitioner
Lisa Marie FusaroCapital Collateral Regional Counsel - North, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent