Jacksonville, Fl. — The death sentence imposed on a Jacksonville man for the 2008 murder of a local woman has been vacated, in yet more fallout over the state's death sentencing procedure.
Randall Deviney was convicted of first degree and a jury recommended death by an 8-to-4 vote, which was accepted by the court. But last year, the U.S. Supreme Court found the Florida’s death penalty sentencing procedure to be unconstitutional because a recommendation did not require a unanimous jury.
On Thursday, The Florida Supreme Court affirmed Deviney’s murder conviction and ordered a new penalty phase.
Deviney was found guilty of killing his neighbor, Delores Futrell, in 2010, but the Florida Supreme Court overturned the ruling. The court determined police coerced Deviney's confession. A second jury found Deviney guilty of first degree murder in 2015.