TALLAHASSEE — The Florida Supreme Court on Tuesday refused to block next week’s scheduled execution of Samuel Smithers for the murders of two women in Hillsborough County, rejecting arguments that he should be spared because he is 72 years old.
Justices turned down arguments that it would violate the U.S. Constitution’s Eighth Amendment ban on cruel and unusual punishment and a similar part of the Florida Constitution to execute the senior citizen.
“Smithers argues that this (Florida Supreme) Court should break new ground in concluding that his execution, at 72 years of age, would constitute cruel and unusual punishment in violation of the Eighth Amendment and Florida’s corresponding constitutional provision. … No opinion of the United States Supreme Court or this (Florida Supreme) Court

Orlando Sentinel

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