Wade Wilson's legal team appeared at the Florida Supreme Court in Tallahassee Thursday morning to challenge his death penalty sentence for the 2019 murders of two Cape Coral women, but the arguments were cut short when Wilson's attorney acknowledged recent rulings had already shut down every argument he planned to make.
Michael Ufferman, Wilson’s counsel, spoke for only about 90 seconds.
He noted that the court had issued an opinion rejecting an ex post facto challenge in a case just over 30 days ago, addressing all the issues raised in his brief.
"I mean, that's literally less than or just over 30 days ago, you've issued an opinion addressing all of the issues that I'm raising in my brief," Ufferman said.
Wilson's legal team argued that his case required a unanimous jury decision to sentence him to death for the 2019 killing, and Florida's new 2023 law, which allows a death sentence with only 8 out of 12 jurors agreeing, should not apply.
Wilson received a vote in favor of death, 9 to 3 for Kristine's murder and 10 to 2 for Diane's.
In December, the Florida Supreme Court issued two major opinions for other cases, Michael James Jackson v. State of Florida, and Michael H. Hunt v. State of Florida, upholding Florida’s new death penalty law enacted in 2023.
These rulings undercut every argument Ufferman planned to make.
"The next step for my client, and probably for Mr. Hunt, is going to be the United States Supreme Court to consider that, so otherwise, I again, I love a good intellectual argument, but it doesn't make a lot of sense to beat my head against a brick wall," Ufferman said.
The state, represented by Assistant Attorney General Rick Buchwalter, offered no argument of its own and asked the court to affirm.
"I really don't have any argument to make," Buchwalter said.
The arguments concluded in just three minutes, surprising even the justices, who let out a laugh in response.
"Thank you to those in the audience that usually doesn't go this way," the justices said, followed by laughter.
There were no questions from the justices, and Wilson's legal team is considering taking the case to the United States Supreme Court.
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