(DOWNLOAD) "State Florida v. Philip Bloom" by Supreme Court of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: State Florida v. Philip Bloom
- Author : Supreme Court of Florida
- Release Date : January 06, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The State of Florida petitioner this Court for a writ prohibiting the respondent, a circuit judge, from determining prior to trial the appropriateness of the death penalty in the event the defendant is convicted of first-degree murder. Petitioner also seeks a writ of mandamus compelling the circuit judge to excuse jurors who are unable to recommend a sentence of death. We have jurisdiction. Art. V, § 3 (b) (8), Fla. Const. We grant the writ of prohibition and hold that a circuit judge lacks authority to decide pre-trial whether the death penalty will be imposed in a first-degree murder case. This petition arises from two separate proceedings in which a defendant was indicted and charged with first-degree murder, armed burglary, and armed robbery. Before his trials, the defendant moved to preclude empanelment of death-qualified juries, contending the state lacked sufficient evidence for the death penalty's imposition in either case. The circuit judge held that he would consider the death penalty in only one case. He granted the defendant's motion i the other case and directed the state to proceed with the first-degree murder trial as a non-capital case. In this petition, the state argues that the circuit judge has no authority to prejudge the death penalty's appropriateness because such a ruling unconstitutionally infringes on an executive function exclusively within a prosecutor's discretion.
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