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, allowing trial courts to death‑qualify juries and proceed with the penalty phase in pending capital prosecutions so long as the jury’s recommendation of death is unanimous. The Court relied on its prior decisions in Hurst and Perry, holding that the 10‑juror recommendation provision is unconstitutional but that the remainder of the Act may be applied to pending cases. The Court also transferred the State’s motion to toll the speedy‑trial claim to the trial court. Justice Pariente’s partial dissent and the concurrences are summarized separately.