Patrick Albert Evans, Petitioner v. State of Florida, Respondent; Juan Rosario, Petitioner, v. State of Florida…

Summary

The Florida Supreme Court denied the petitions for writs of prohibition, holding that trial courts may death‑qualify juries and proceed to the penalty phase in pending capital prosecutions so long as the jury’s sentencing recommendation is unanimous, consistent with Hurst and Perry. The Court also held that the statutory provision requiring only ten jurors to recommend death is severable, allowing the remainder of the Act to be applied. The opinion was issued per curiam and was affirmed. Justice Pariente, in a partial concurrence and dissent, argued the entire Act should be invalidated, while Chief Justice Labarga and Justice Polston each filed separate concurrences supporting the majority’s severability analysis and application of the Act.