Gonzalez v. State
In this death-penalty case, the Florida Supreme Court denied Gonzalez's petition for a writ of prohibition/all-writs relief seeking to bar application of the amended (non-unanimous, 8-of-12 juror) capital sentencing statute at his upcoming resentencing. The Court held that neither prohibition nor its all-writs authority could provide the nonfinal review sought, because the circuit court retains jurisdiction to conduct the new penalty phase and the all-writs power only protects the Court's own appellate jurisdiction, not routine interlocutory rulings.
Key facts
- Gonzalez, a death-row inmate, petitioned the Florida Supreme Court for a writ of prohibition and all-writs relief to prevent the trial court from applying the amended capital sentencing statute (requiring 8-of-12 jurors rather than unanimity) at his upcoming penalty-phase resentencing.
- The circuit court retained jurisdiction to conduct Gonzalez's new penalty phase and had not acted in excess of its authority by proposing to apply the amended statute.
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Why it matters
This decision reinforces the narrow scope of Florida Supreme Court prohibition and all-writs jurisdiction in capital cases, confirming that challenges to application of the amended (8-4) capital sentencing statute at… — full analysis with a trial
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