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Florida Annual Form

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>> THE SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> WE NOW PROCEED TO THE THIRD CASE ON OUR DOCKET TODAY, TISDALE V. THE STATE OF FLORIDA. COUNSEL? >> MY NAME IS JEFFREY GARLAND, I AM HERE ON ERIESE ALPHONSO TISDALE. HE MAINTAINS THAT HIS SENTENCE OF DEATH SHOULD BE REDUCED TO LIFE. CRITICAL TO THIS CASE IS THE ISSUE OF RETROACTIVITY OF CHAPTER 2016-13. THAT CASE, THIS CASE WAS, WENT TO A JURY BEFORE HEARST V. FLORIDA WAS DECIDED. THE SENTENCING WAS POSTPONED. THE LEGISLATURE PASSED 2016-13, SENTENCING TOOK PLACE AFTER THAT POINT. AN ABUNDANCE OF CASE LAW FROM THIS COURT HAS HELD THAT THESE PROCEDURAL STATUTES ARE RETROACTIVE. IN FACT, THE DEATH PENALTY STATUTE ITSELF SAYS ALL PROCEEDINGS MUST PROCEED UNDER THE DEATH PENALTY PROCEDURE. OF. >> BUT ARE YOU SAYING-- HERE'S THE PROBLEM I HAVE. THIS JURY DIDN'T KNOW THAT IF THEY WERE EITHER 10, LESS THAN 10 OR UNANIMOUS THAT THERE WOULD NOT BE A DEAT

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