The Florida Supreme Court on Wednesday upheld the first-degree murder conviction of an inmate who fatally stabbed a North Florida corrections officer, but it vacated the inmate’s death sentence based on U.S. Supreme Court rulings.
Wednesday’s ruling ordered a lower court to hold a new sentencing hearing for Richard Franklin, who was convicted of first-degree murder in the 2012 stabbing death of Columbia Correctional Institution Sgt. Ruben Thomas.
The 15-page ruling said Franklin attacked Thomas in a cell, chased him and ultimately stabbed him in the throat with a shank. Thomas’ jugular vein was cut and he suffered other injuries, including a punctured lung, the ruling said.
The Supreme Court unanimously said the evidence demonstrated the murder was premeditated, but justices split 5-2 on ordering a new sentencing for Franklin.
The majority, made up of Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis, Peggy Quince and James E.C. Perry, said resentencing is necessary because of two U.S. Supreme Court decisions, including a ruling last year in a case known as Hurst v. Florida that found the state’s death-penalty sentencing system unconstitutional.
The Hurst ruling said Florida’s law gave too much authority to judges, instead of juries, in determining whether inmates should face the death penalty.
Justices Charles Canady and Ricky Polston dissented on the court’s sentencing decision, which will send the case back to Columbia County circuit court.