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June 27, 2011 Casey Anthony defense: Declare Fla. death penalty unconstitutionalPosted: 04:48 PM ET
By Ashley Hayes, CNN (CNN) - Defense attorneys for Casey Anthony, accused of killing her 2-year-old daughter Caylee in 2008, filed a motion Monday asking Orange County Chief Judge Belvin Perry Jr. to reconsider an earlier decision and declare Florida's death penalty law unconstitutional. The motion cites a June 20 decision by U.S. District Judge Jose Martinez, which found the method used to reach a death sentence in Florida is improper "because it does not require a jury to make the findings of fact necessary to impose a death sentence." Anthony's attorneys had previously filed a motion asking for the statute to be declared unconstitutional, and Perry denied it. After the Martinez decision, they are asking him to reconsider. "Because Florida's death penalty procedure is unconstitutional, the death penalty should be precluded as a potential sentence," according to the motion. In the case Martinez ruled on, Evans v. McNeil, the jury recommended a sentence of death on a 9-3 vote but did not say on which aggravating factors it based the decision. A motion to alter or amend has been filed in the case - basically a motion asking Martinez to reconsider. Filed under: Casey and Caylee Anthony Trial Updates Trials |
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Millionaire gets 16 years for DUI death… at home http://t.co/gwG63gdh John Goodman to be released from jail on $7M bond
RT @drdrewhln: Jose Baez: I was Casey’s harshest critic - Take a look at this - http://t.co/9rVf6vbR #CaseyAnthony
Deliberations in the #TammiSmith case has ended for the evening. They deliberated for 1-hour, 14 minutes, 53 seconds. They are set to...
@conniegail421 There are enough. Originally there were 9, but only 8 jurors can deliberate.
#TammiSmith: RT @bethkaras: The jury started to deliberate at 3:15 pm local time (6:15 pm ET). One of the four men was selected as the......
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