Supreme Court of Florida

Darius Mark Kimbrough v. State of Florida

October 31, 201338 Fla. L. Weekly Supp. 778

Summary

The Florida Supreme Court affirmed the denial of Darius Mark Kimbrough’s successive post‑conviction motion, holding that Florida’s death‑penalty statute allowing a simple‑majority jury recommendation does not violate the Eighth Amendment and that the research studies he cited do not constitute newly discovered evidence.