Gov. Scott Wins Legal Battle Against State Attorney Who Refused to Seek Death Penalty
The court found Scott acted within his authority when he reassigned cases from Orange-Osceola State Attorney Aramis Ayala.
August 31, 2017 at 11:00 AM
8 minute read
A state attorney who declined to seek the death penalty in any of her cases announced she will change the policy after the Florida Supreme Court ruled against her Thursday.
The 5-2 decision found the governor acted within his authority in deciding to remove capital prosecutions from the office of Orange-Osceola State Attorney Aramis Ayala.
“Ayala and her amici urge this court to invalidate the reassignment orders by viewing this case as a power struggle over prosecutorial discretion,” Florida Supreme Court Justice C. Alan Lawson wrote for the majority. “We decline the invitation because by effectively banning the death penalty in the Ninth Circuit — as opposed to making case-specific determinations as to whether the facts of each death-penalty eligible case justify seeking the death penalty — Ayala has exercised no discretion at all.”
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