Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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Archer v. State

Docket: SC19-841

Opinion Date: April 23, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the circuit court denying Appellant's successive motion to vacate his sentence of death under Fla. R. Crim. P. 3.851, holding that the circuit court did not err in denying the Rule 3.851 motion. Appellant was convicted of first-degree murder, armed robbery, and grand theft. Appellant was sentenced to death for the murder. The Supreme Court affirmed the convictions but reversed Appellant's death sentence and remanded the case for a new penalty phase. After a new penalty phase, Appellant was again sentenced to death. In his successive Rule 3.851 motion, Appellant raised three claims. The circuit court denied relief. The Supreme Court affirmed, holding that the circuit court (1) properly denied Appellant's claim that his death sentence violated the Sixth and Eighth Amendments in light of Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016); (2) correctly denied Appellant's claim that his sentence violated the Eighth Amendment; and (3) did not err in denying Appellant's claim of newly discovered evidence.