A federal judge who declared Florida’s method of imposing the death penalty unconstitutional made several key legal and factual errors that should force a reversal, the state attorney general’s office said in a new court filing.
The decision last week by U.S. District Judge Jose E. Martinez could impact all Florida death cases and must be changed, Assistant Attorney General Leslie Campbell said in Monday’s filing. The state wants Martinez to overturn his own opinion so that the sentencing system is preserved and also to deny a death row inmate a chance at a life sentence.