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Killer Of UWF Student Seeks Stay Of Execution
February 2, 2018
Scheduled to die by lethal injection on February 22, Death Row inmate Eric Scott Branch is asking the Florida Supreme Court for a stay of execution while he appeals a high-profile legal issue to the U.S. Supreme Court.
Branch was sentenced to death in the 1993 sexual assault and murder of University of West Florida student Susan Morris. Gov. Rick Scott last month scheduled Branch’s execution for February 22.
But in the motion for a stay, Branch’s attorneys wrote that he will base his appeal on arguments related to a 2016 U.S. Supreme Court ruling in a case known as Hurst v. Florida. The U.S. Supreme Court ruling found Florida’s death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries. A subsequent Florida Supreme Court ruling said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.
But the Florida Supreme Court made the new sentencing requirements apply to cases since June 2002. That is when the U.S. Supreme Court issued a ruling known as Ring v. Arizona that was a premise for striking down Florida’s death-penalty sentencing system in 2016.
Branch and dozens of other Death Row inmates who were sentenced to death before the Ring decision argued that the new unanimity requirements should also apply retroactively to their cases. The Florida Supreme Court has rejected those arguments.
In the motion for a stay, Branch’s attorneys wrote that the U.S. Supreme Court “will be inundated in the coming months” with challenges to the Florida Supreme Court’s refusal to apply the new sentencing requirements to inmates such as Branch.
“A stay of execution by this (Florida Supreme) Court here may also avoid needless last-minute stay litigation in this and other cases in the United States Supreme Court and is consistent with the widely-accepted judicial policy that lower courts enter stays of their decisions pending review by a higher court,” the brief said.
Attorney General Pam Bondi’s office, however, filed a response Thursday asking the Florida Supreme Court to reject the stay.
by The News Service of Florida
Comments
15 Responses to “Killer Of UWF Student Seeks Stay Of Execution”
REGARDING:
“The judge administers the punishment under the guidelines of the law.”
I know it sounds picky, but the judge rules on the proper sentencing as the function of the judiciary and the administration of that ruling is independently in the hands of the executive. At the federal level I believe the department of Justice. State level governor. County level County Commissioners although they tend to put it in the hands of the sheriff in most cases, just no longer here.
The idea is to avoid any one person being lawmaker, judge, jury, and executioner.
It is a good idea.
David for justice
What is scary is that our justice system no longer understands the role or definition of a judge and the role and definition of a jury….the jury (a group of people weigh the evidence, and determine quilt or innocence) The judge administers the punishment under the guidelines of the law. There really isn’t any better way folks, but where it lacks is God fearing people in the seat of power!
REGARDING:
“Why are the courts not upholding the wishes of the people?”
Because — unlike criminals — they are required to follow the law, even when it lets monsters continue to live in cages.
David for avoiding becoming a monster
What is most amazing to me is that all 11 previous comments are unanimous to finally carry out the death penalty and agree it should have been done years ago. Why are the courts not upholding the wishes of the people? Financial gains for all the lawyers and judges who file all these appeals and nonsense?
My daughter was in the same class that night with Susan Morris but they left the building through different doors. I have waited 25 long years for this.
Can not wait for Feb. 22.
if he thinks lethal injection is cruel than let die like his victims slowly while being abused.
I remember this atrocity well. I was attending UWF in the graduate program at the time, and we were all careful to walk to the parking lots after class in groups since we were all working and our classes were held in the evening. We were all relieved when this creep was caught, but still kept the “group walk” to the parking lot in place – just seemed like a good idea.
He needs to go – I’ll be waiting to hear he’s been executed. Many others of used this defense and it gets turned down 99.9% of the time, so he’s a goner.
“Death Penalty”, what a joke! All the criminals know it’s a bluff, just a verbal expression that our soft society says it will do. It carries no weight or threat anymore. He should have been executed no later than 1995. For all the Bible, Torah, Koran reading folks out there…what’s the very 1st “law” in Genesis (Book of Beginnings), even well before Mosaic laws…look it up and HEED IT!!!
What a pig! I don’t drink, but I’m sure planning to toast to his death on the 22nd and I don’t feel a bit bad about it either! His buddy Ted Bundy is waiting for him.
The victim didn’t receive free housing, free food or free legal representation for 25 years. She most certainly did not receive a stay of Execution! Why in this big wide world would anyone think this man should receive one?
The best thing this “man” can do is ask the Good Lord for forgiveness and except what is coming to him instead of wasting More tax payers dollars, trying to add a few weeks to his life and even more heartache to this innocent victim’s family!
he’s already lived too long under this skewed justice system. He gave her no mercy, he deserves none. Time to pay up.
Say your prayers! It’s time to pay for your heinous crime some four decades past.
No tears will be shed, whistles blowing or celebration upon your demise on the 22nd!
Housing and feeding this murderous jerk for 35 years is one of the most ridiculous things I have ever heard of. I hope the court rejects this appeal and the execution is carried out as scheduled.
He should have been gone a long time ago.
20 days and counting.