Osceola County

Mr. Perry was scheduled to be tried on charges of first-degree murder and aggravated child abuse in February 2016. In January 2016, the U.S. Supreme Court ruled that aspects of Florida’s capital sentencing scheme were unconstitutional. Based on that
ruling, Mr. Perry filed a motion to block the state’s intent to seek the death penalty in hiscase. The trial court granted the motion, ruling the death penalty was not available because of the U.S. Supreme Court’s decision. But the Fifth District Court of Appeal overturned the trial court and asked this Court to rule on the scope of the U.S. Supreme Court decision and a new death penalty law passed by the Legislature in its wake.