JACKSONVILLE, Fla. – The lawyer for a man convicted in a 2008 whose death sentence has been overturned twice wants his client to have a mental evaluation before being resentenced.
In March, the Florida Supreme Court threw out a death sentence for Randall Deviney. He was convicted and sentenced to death for the 2008 murder of 65-year-old Delores Futrell.
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The first time, his conviction and sentence were overturned when the high court ruled the Jacksonville Sheriff's Office coerced his confession.
The retrial ended with his second conviction, and death sentence by an 8-4 jury recommendation.
The state Supreme Court upheld the conviction but ruled that death penalties must be by unanimous verdict.
Deviney is scheduled to be resentenced in October, but his lawyer wants a competency exam prior to that hearing.
Deviney’s is one of six Duval County death sentences overturned this year by the state Supreme Court:
- January 2017: Paul Durousseau
- February 2017: Rasheem Dubose
- March 2017: Randall Deviney
- June 2017: Thomas Bevel
- June 2017: Tiffany Cole
- July 2017: Robert Earl Peterson
The Florida Legislature has since changed Florida law to require unanimous jury recommendations before the death penalty can be imposed.