State of Florida asks Court to Reconsider Death Penalty Ruling in Evans v. McNeil, 08-14402-CIV-JEM

The Miami Herald reports in an article today that the State of Florida has asked the Court to reconsider its previous Order wherein the Court found Florida’s death penalty scheme unconstitutional.  The Court has not yet ruled on the motion.  It is unlikely that the Court would rule until the time for Evans to file a response has elapsed.  Under the Local Rules for the Southern District, parties generally have 14 days to respond to motions.  According to the article, Attorney General Pam Bondi stated that the State of Florida will take an appeal to the Eleventh Circuit if Judge Martinez does not alter his ruling.

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