Joseph Zieler v. Florida

Under Florida’s capital sentencing law, a judge may impose the death penalty only if the jury first determines that the defendant shall be sentenced to death. Under a 2023 amendment the jury’s decision need not be unanimous, but can be made by a vote of eight (out of twelve) jurors. Only Florida and Alabama (10-2) permit the imposition of the death penalty based on a nonunanimous jury vote. The question presented is whether the recently enacted Florida nonunanimity provision is impermissible under the Sixth Amendment and/or the Eighth Amendment. There are two other petitions raising the same issue: Michael James Jackson v. State of Florida, No. 26-76; and Michael H. Hunt v. State of Florida, No. 26-78. Review should be granted in Zieler’s case, or in the alternative this case should be held pending resolution of the Jackson and Hunt petitions.