Okafor v. State

The Supreme Court vacated Defendant’s sentence of death and remanded this case for a new penalty phase.After a jury trial, Defendant was convicted of one count of first-degree premeditated murder. Following a penalty phase, the trial court found four aggravating circumstances and thirteen mitigating circumstances, and sentenced Defendant to death. The Supreme Court affirmed the convictions but vacated the death sentence, holding (1) the trial court did not err in dismissing Juror 105 for cause; (2) the trial court erred in permitting the State to introduce evidence of high capacity .22 and .223 caliber magazines recovered from Emmanuel Wallace’s residence, but the error was harmless; (3) there was competent, substantial evidence to sustain the conviction in this case; but (4) because the jury did not unanimously find the facts necessary to sentence Defendant to death and did not unanimously recommend the death sentence, Defendant’s death sentence was unconstitutional in light of Hurst v. State, 202 So. 3d 40 (Fla. 2016). View "Okafor v. State" on Justia Law