YNW Melly is going through the specter of the dying penalty as soon as once more.
In accordance with courtroom paperwork obtained by Pitchfork, an appellate courtroom decide mentioned prosecutors can search the dying penalty towards YNW Melly. The decide overruled a decrease courtroom, which took the dying penalty off the desk in YNW Melly’s homicide case.
Earlier this yr, a decrease courtroom decide decided prosecutors did not correctly notify YNW Melly and his authorized group in regards to the intent to hunt the dying penalty. However a Florida appeals courtroom disagreed.
“We discover that the state complied with its statutory obligations when it filed its discover of intent to hunt the dying penalty inside 45 days of arraignment,” the appellate courtroom decide wrote. “The truth that the state filed a superseding indictment, requiring a second arraignment, doesn’t vitiate the already filed and well timed discover of intent. Discover is discover. The superseding indictment was clearly a continuation of the unique indictment.”
The decide continued, “The state didn’t nolle prosse the unique indictment, nor did it add aggravating elements to the required discover searching for the dying penalty. We discover the trial courtroom erred by precluding the state from searching for the dying penalty, and thus, grant the writ of prohibition.”
Florida’s Supreme Court docket might have the ultimate say on the matter. The appellate courtroom decide deemed the dying penalty debate in YNW Melly’s case to be a query of “nice public significance” for the Florida Supreme Court docket.
YNW Melly awaits trial after pleading not responsible to first-degree homicide fees. Prosecutors accuse him of killing his mates YNW Juvy a.ok.a. Christopher Thomas Jr. and YNW Sakchaser a.ok.a. Anthony Williams in 2018.
