JACKSONVILLE, Fla. – Attorneys are calling the changes to Florida’s death penalty law a real problem that could set up years of litigation.
Johnathan Quiles’s attorney told News4JAX on Thursday they will consider filing a challenge against the death penalty law. The new law was signed by Gov. Ron DeSantis in April and came, in part, in response to the uproar after the Parkland school shooter was sentenced to life in prison instead of death by a divided jury.
There is a lot of uncertainty with the new law there is no standard rule, and in a case like Quiles’s and others, it could take even more time to get to trials.
Take these three cases: Michael Jackson, Patrick McDowell and Quiles. They all face the death penalty.
But will the new rules, an 8 to 4 jury recommendation, or the old rules, a unanimous jury, apply?
“Defense attorneys are arguing that one way, prosecutors are arguing another and the judges have been inconsistent,” said defense attorney Alan Chipperfield who is defending McDowell.
He filed a motion for the old law to apply in his case.
“McDowell is more likely to be put to death now than when the law required his prosecutors to convince all 12 of his jurors to vote for death,” the motion reads.
Chipperfield said the Florida Supreme Court will have to decide how cases proceed but because it’s a federal issue, the United States Supreme Court may need to step in.
On Monday, WCTV reported the Florida Supreme Court issued a stay in a case out of Wakulla County after defense attorneys said court proceedings would do irreparable harm.
“It gives us a little bit more predictability. But it’s not final over there yet,” Chipperfield said.
Chipperfield said defense attorneys feel courts would apply much tougher standards to the defense than before.
“There’s an equal protection argument than in an argument about cruel and unusual punishment when you change the rules in the middle of the game,” Chipperfield said.
That’s what happened in Quiles case.
After four years and seven trial dates, there’s been little movement for the alleged rape and murder of his niece.
This could be the situation for many more cases across the state.
“I’d say it’s a mess for a while. It’ll get resolved, but it will take time and while it’s been resolved, it is kind of a mess,” he said.
Chipperfield will argue his filed motion in July.
Quiles has the same trial date on Sept. 11, and there will be arguments from attorneys Monday.
News4JAX got a statement from Chief Public Defender Charlie Cofer: “We are monitoring a lot of litigation coming up around the state regarding new death penalty law. We will be taking positions on it. There is no guidance at this point and there are so many different ways of how this law will affect different defendants. We are trying to address them consistently across the state.”