Florida Supreme Court to hear convicted killer Joseph Zieler’s appeal

Less than a year after he was sentenced to die for his crimes, the Florida Supreme Court will hear Joseph Zieler‘s appeal.

The appeal is scheduled for Feb. 5.

Zieler was sentenced to death in June of 2023 after a jury, by a vote of 10-2, recommended the death penalty for the 1990 murders of 11-year-old Robin Cornell and 32-year-old Lisa Story at the 11-year-old’s Cape Coral home.

Because Zieler was sentenced to death, by law he is entitled to an automatic appeal.

Zieler’s appeals attorney filed several arguments in the brief as to why Zieler should not be executed.

Citing an error early in the jury selection process in February of 2023 that if sentenced to life in prison, Zieler would not be eligible for parole. The jury panel was dismissed and Zieler’s trial continued. Parole was an option in 1990.

A new jury panel was not selected until several months later in May of 2023.

Zieler’s counsel is arguing that his death sentence is unconstitutional because a new law that went into effect after his trial started would not apply to his case.

That law, signed by Florida Gov. Ron DeSantis in April of 2023 says a death sentence recommendation no longer has to be unanimous.

The law was passed after a jury in 2022 could not reach a unanimous recommendation of death for Parkland school shooter Nikolas Cruz and had to recommend life in prison instead.

The new requirement is a minimum majority of 8-4.

Zieler’s attorney is also disputing DNA evidence.

You can read the full brief and the State’s response here.