Tuesday, December 01, 2009

Three Cheers for the U.S. Supreme Court (and Florida Supreme Court Justice Harry Lee Anstead)

Without arguments or briefs, the Supreme Court of the United States (SCOTUS) just erased a death sentence against a Melbourne, Florida man, reversing the 11th Circuit Court of Appeals and the Florida Supreme Court, finding that a convicted murderer's defense lawyer rendered ineffective counsel when he failed to put on evidence of the murderer's post-traumatic stress disorder (PTSD) resulting from Korean War military service.

The U.S. Supreme Court's unanimous per curiam decision showed Florida (like Texas) needs judges and legislators who are more sensitive to constitutional rights.

Florida Supreme Court Justice Harry Lee Anstead, writing for himself and another justice, dissented in the death penalty case in 1990. Porter v. State, 564 So. 2d 1060 (1990).

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