Larry Darnell Perry v. State of Florida

The issue before this Court is whether the newly enacted death penalty law, passed after the United States Supreme Court held a portion of Florida’s capital sentencing scheme unconstitutional in Hurst v. Florida, _ U.S. _, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016) (“Hurst v. Florida ”), may be constitutionally applied to pending prosecutions for capital offenses that occurred prior to the new law’s effective date. The Fifth District Court of Appeal concluded in State v. Perry, 192 So.3d 70 (Fla. 5th DCA 2016), that chapter 2016-13, Laws of Florida (2016) (“the Act”), could apply to pending…