Donald Otis Williams v. Florida
AdministrativeLaw DueProcess Punishment JusticiabilityDoctri
Whether the Florida Legislature's expansion of the applicability of our statute's "aggravating factors" requirements, Section 921.141(6), Florida Statutes (2023), together with the Florida Supreme Court's recent decision in Lawrence v. State, 308 So. 3d 544 (Fla. 2020) completely doing away with proportionality review in all death sentences, has now rendered Florida's entire death penalty scheme unconstitutional as applied, in that it does not sufficiently narrow the class of death-eligible first-degree murders?
Whether the Florida Legislature's expansion of 'aggravating factors' and the Florida Supreme Court's elimination of proportionality review has rendered the state's death penalty scheme unconstitutional