Edward J. Zakrzewski, II v. Florida
AdministrativeLaw DueProcess Punishment
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?
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?