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State v. Bloom

Supreme Court of Florida
Nov 6, 1986
497 So. 2d 2 (Fla. 1986)

Summary

holding that the decision to charge and prosecute is an exclusively executive function, and the trial judge did not have the authority to make a pre-trial determination as to the applicability of the death penalty

Summary of this case from State v. Tuttle

Opinion

No. 68900.

November 6, 1986.

Jim Smith, Atty. Gen., and Richard E. Doran, Capital Collateral Coordinator, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit, and Karen M. Gottlieb, Asst. Public Defender, Miami, for respondent.


The State of Florida petitions this Court for a writ prohibiting the respondent, a circuit judge, from determining prior to trial the appropriateness of the death penalty in the event the defendant is convicted of first-degree murder. Petitioner also seeks a writ of mandamus compelling the circuit judge to excuse jurors who are unable to recommend a sentence of death. We have jurisdiction. Art. V, § 3(b)(8), Fla. Const. We grant the writ of prohibition and hold that a circuit judge lacks authority to decide pre-trial whether the death penalty will be imposed in a first-degree murder case.

This petition arises from two separate proceedings in which a defendant was indicted and charged with first-degree murder, armed burglary, and armed robbery. Before his trials, the defendant moved to preclude impanelment of death-qualified juries, contending the state lacked sufficient evidence for the death penalty's imposition in either case. The circuit judge held that he would consider the death penalty in only one case. He granted the defendant's motion in the other case and directed the state to proceed with the first-degree murder trial as a non-capital case. In this petition, the state argues that the circuit judge has no authority to prejudge the death penalty's appropriateness because such a ruling unconstitutionally infringes on an executive function exclusively within a prosecutor's discretion.

A writ of prohibition is the appropriate remedy when a trial court attempts to interfere with the prosecutorial discretion of a state attorney. See Cleveland v. State, 417 So.2d 653 (Fla. 1982). Under Florida's constitution, the decision to charge and prosecute is an executive responsibility, and the state attorney has complete discretion in deciding whether and how to prosecute. Art. II, § 3, Fla. Const.; Cleveland; State v. Cain, 381 So.2d 1361 (Fla. 1980); Johnson v. State, 314 So.2d 573 (Fla. 1975). In State v. Jogan, 388 So.2d 322 (Fla. 3d DCA 1980), the Third District Court reversed a trial court's dismissal of an information against a defendant conditioned on his military enlistment. The district court held that the pre-trial decision to prosecute or nol-pros is a responsibility vested solely in the state attorney. While recognizing a court's latitude and discretion during post-trial disposition, Jogan reiterated the state has absolute discretion at pre-trial. In considering similar circumstances, federal courts have held:

[T]he decision of whether or not to prosecute in any given instance must be left to the discretion of the prosecutor. This discretion has been curbed by the judiciary only in those instances where impermissible motives may be attributed to the prosecution, such as bad faith, race, religion, or a desire to prevent the exercise of the defendant's constitutional rights.
United States v. Smith, 523 F.2d 771, 782 (5th Cir. 1975), cert. denied, 429 U.S. 817, 97 S.Ct. 59, 50 L.Ed.2d 76 (1976) (citations omitted). We apply these principles and hold that article II, section 3, of the Florida Constitution prohibits the judiciary from interfering with this kind of discretionary executive function of a prosecutor.

We conclude that the circuit judge has no authority to interfere with the prosecutor's discretion in proceeding with this cause as a death penalty case. If we allowed the circuit judge to make pre-trial determinations of the death penalty's applicability, we would be modifying the death penalty's statutory scheme. Section 921.141(1), Florida Statutes (1985), mandates that the decision to impose the death penalty must be made in a separate proceeding after an adjudication of guilt. A pre-trial penalty determination by the trial judge would effectively create a statutorily unauthorized trifurcated death sentence procedure. Further, to approve the circuit judge's pre-trial determination, we would have to modify Sireci v. State, 399 So.2d 964 (Fla. 1981), cert. denied, 456 U.S. 984, 102 S.Ct. 2257, 72 L.Ed.2d 862 (1982). Sireci held that under Florida's statutory scheme the state need not divulge before trial the specific statutory aggravating factors it intends to prove at a sentencing hearing.

For the reasons expressed, we grant the petition for writ of prohibition, but withhold the formal issuance of the writ. We believe that the circuit court will voluntarily comply with the dictates of this opinion and proceed with the capital trial. Our ruling renders moot the petition for writ of mandamus.

It is so ordered.

McDONALD, C.J., and BOYD, EHRLICH and SHAW, JJ., concur.

ADKINS and BARKETT, JJ., concur in result only.


Summaries of

State v. Bloom

Supreme Court of Florida
Nov 6, 1986
497 So. 2d 2 (Fla. 1986)

holding that the decision to charge and prosecute is an exclusively executive function, and the trial judge did not have the authority to make a pre-trial determination as to the applicability of the death penalty

Summary of this case from State v. Tuttle

holding the decision to charge and prosecute is an exclusively executive function, and the trial judge did not have the authority to make a pre-trial determination as to the applicability of the death penalty

Summary of this case from State v. Mancuso

holding that Article II, Section 3 of the Florida Constitution prohibits the judiciary from interfering with prosecutorial discretion whether to seek death penalty

Summary of this case from Williams v. State

holding that the decision to charge and prosecute a defendant is completely discretionary and is vested in the hands of the prosecutor

Summary of this case from Henry v. State

ruling that under Florida's Constitution, "the decision to charge and prosecute is an executive responsibility, and the state attorney has complete discretion in deciding whether and how to prosecute"

Summary of this case from Palmer v. State

recognizing the bifurcated nature of Florida's statutory scheme and declining to create "a statutorily unauthorized trifurcated" procedure

Summary of this case from State v. Jones

In State v. Bloom, 497 So.2d 2 (Fla. 1986), we addressed a question regarding the scope of prosecutorial discretion in seeking the death penalty when a circuit court made a pretrial determination that the State lacked sufficient evidence to seek the death penalty in a first-degree murder case.

Summary of this case from Wade v. State

In State v. Bloom, 497 So.2d 2 (Fla. 1986), the Florida Supreme Court granted a writ of prohibition when a trial court interfered with the discretion of a prosecutor by granting a defendant's pre-trial motion to preclude empanelment of death-qualified jurors and directed the prosecutor to proceed with the trial as a non-capital case.

Summary of this case from In re Horan

In State v. Bloom, 497 So.2d 2, 3 (Fla. 1986), the trial judge ruled prior to trial that the state could not seek the death penalty on a particular first-degree murder charge.

Summary of this case from Wilcott v. State

In State v. Bloom, 497 So.2d 2 (Fla.1986), the court held that prohibition would lie where a trial court attempted to issue a pre-trial order depriving the elected state attorney from seeking the death penalty.

Summary of this case from Haridopolos v. Citizens for Strong Sch., Inc.

In State v. Bloom, 497 So. 2d 2 (Fla. 1986), the court held that prohibition would lie where a trial court attempted to issue a pre-trial order depriving the elected state attorney from seeking the death penalty.

Summary of this case from Haridopolos v. Citi. for S. Sch.

In State v. Bloom, 497 So.2d 2 (Fla. 1986), and State v. Donner, 500 So.2d 532 (Fla. 1987), the supreme court held that a circuit court judge lacks authority to decide prior to trial whether the death penalty will be imposed.

Summary of this case from Smith v. State
Case details for

State v. Bloom

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. PHILIP BLOOM, ETC., RESPONDENT

Court:Supreme Court of Florida

Date published: Nov 6, 1986

Citations

497 So. 2d 2 (Fla. 1986)

Citing Cases

State v. Jones

Where the trial court refuses to allow a first-degree murder trial to proceed as a capital case "[a] writ of…

Wade v. State

This argument is meritless. In State v. Bloom, 497 So.2d 2 (Fla. 1986), we addressed a question regarding the…