🎯 Death Sentence Resentencing Without a Hearing — Was Due Process Violated? | Reese v. Florida

Reese v. State of Florida | Case No. SC91-411 | Florida Supreme Court Attorney Narda Kerry argues before the Florida Supreme Court on behalf of John Loveman Reese, who received a death sentence at resentencing without any hearing and without being present. The central question is whether a capital defendant has a constitutional right to be personally present and to present new evidence at a judge-only resentencing proceeding. Key issues addressed: - Right of a capital defendant to be present at resentencing under Florida Rules of Criminal Procedure - Whether an ex parte sentencing memorandum submitted by the state to the trial court violated due process - Whether the trial court's failure to hold any hearing before entering a new death sentence constitutes reversible error - The standard for what type of proceeding is required when an appellate court remands a death sentence for re-weighing of mitigating evidence - Constitutional requirements for evenhandedness in capital resentencing proceedings 🔗 Florida Rules & Legal Resources: www.floridarules.net #FloridaSupremeCourt #CapitalPunishment #DueProcess #DeathPenalty #Resentencing #FloridaCriminalLaw #ConstitutionalRights #FloridaDefenseAttorney #CriminalAppeal #FloridaAppeal