Timothy Lee Hurst was sentenced to death for the murder of his co-worker at a Popeye’s restaurant. The Florida Supreme Court rejected Hurst’s appeal on the grounds that Ring v. Arizona does not apply to death sentences. Ring held that the jury, not the judge, makes factual findings about aggravating circumstances in the death penalty context.
The Court granted cert. on the question “Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona. The Court held oral argument on October 13, 2015. Professor David Dow of the University of Houston Law Center provided commentary here.