Casey Anthony: New Motion for Mistrial?

It seems that defense attorney Ann Finnel has filed a motion for mistrial based on a recent opinion from a Florida judge, Judge Jose Martinez. The motion filed by Finnel asked that a new jury be seated in the case that is not death penalty qualified.

I haven’t read anything else about this motion, other than what was reported by WESH, so I guess we’ll have to wait and see.

From WESH:

A judge in Miami ruled one week ago that a man’s death sentence for a 1991 murder, and Florida’s Capital Sentencing Statute, violate a Supreme Court ruling and the Sixth Amendment.Paul E. Evans was convicted of killing a man in exchange for a stereo, a camcorder and some insurance money, according to court documents. The judge ruled that because the death penalty is an “enhanced” sentence under Florida law, it contrasts with the Supreme Court’s ruling on Ring vs. Arizona, which found that the Sixth Amendment requires that a jury find “enumerated aggravating factors” for enhanced sentencing.

Judge Jose Martinez, in his ruling on the Miami case, argued that the defendant has no way of knowing whether the jury found the same aggravating factors as the judge — who ultimately decides whether any of those circumstances constitute death — because the findings are not explicit.

Aggravating circumstances, under Florida law, include disrupting law enforcement, felony murder, a great risk to many people, a victim less than 12 years of age, and anything that is perceived by the court as heinous, atrocious or cruel.

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