Patrick Albert Evans, Petitioner v. State of Florida, Respondent — Pariente, J., Concurring in Part and Dissenting…

Summary

Justice Pariente agrees that pending capital prosecutions may proceed through jury qualification and the guilt phase, but would prohibit proceeding with the penalty phase until the Legislature addresses the Act's unconstitutional jury-vote provisions. She reasons that severing the 10-2 requirement would leave no complete sentencing law unless courts impermissibly rewrote the statute. Chief Justice Labarga, concurring in result, would uphold application of the Act through severability, while Justice Polston, joined by Justices Canady and Lawson, agrees that the Act may be applied with a unanimous jury recommendation.