Therefore, the Florida Supreme Court has (again) failed to address an important and substantial Eighth Amendment challenge to capital defendants sentences post-Hurst . Nothing in its pre-Hurst precedent, nor in its opinions in Truehill and Oliver , addresses or resolves these substantial Caldwell -based challenges. This Court can and should intervene in the face of this troubling situation.
I dissent.
Toutes choses sont dites déjà; mais comme personne n écoute, il faut toujours recommencer. Gide, Le Traité du Narcisse 8 (1892), in Le Traité du Narcisse 104 (R. Robidoux ed. 1978) (Everything has been said already; but as no one listens, we must always begin again).