Florida Death Sentencing Scheme Unconstitutional

Florida's "hybrid" jury advisory sentencing scheme, which did not require unanimity, was struck down under the Sixth Amendment.

 

Hurst v. Florida, U.S. No. 14-7505, decided on 1/12/16

    The U.S. Supreme Court struck down a Florida capital punishment sentencing scheme that involved juries giving advisory verdicts which did not need to be unanimous, but took into account aggravating factors and punishment. Ultimately, the juries were told, the judges had the final decision for what punishment would be imposed.

    The Court stated that "[t]he Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's recommendation is not enough."

http://www.supremecourt.gov/opinions/15pdf/14-7505_5ie6.pdf

No Quantity Discount For Indigent Prisoners IFP Filings

Indigent prisoners must pay a percentage of the fee for each individual suit, the cap on filing fees does not combine their suits for payment purposes.

 

Bruce v. Samuels et al, U.S., No. 14-844, decided 1/12/16

    The U.S. Supreme Court ruled that indigent prisoners filing multiple in forma pauperis actions do not get a quantity discount on filing fees. Under the cap on filing fees extended to indigent prisoners under 28 U.S.C. §1915 they must cover a percentage of the fee for each individual suit they bring. There is still a provision in the law that ensures that the fee requirements do not completely bar a prisoner's access to the courts.

    The court said that "[t]he per case approach more vigorously serves the statutory objective of containing prisoner litigation."

http://src.bna.com/bYX