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Lest there be any doubt, we hold that our state constitutions prohibition on cruel and unusual punishment, article I, section 17,5 does not require a unanimous jury recommendation or any jury recommendation before a death sentence can be imposed, the court said. That ruling has placed the fate of those death row inmates navigating the resentencing process into the realm of uncertainty. There is a growing fear among experts that some of those death row inmates will have their death penalties reinstated. An execution chamber used in Florida. (Florida Department of Corrections) The question here now is going to be, What about the people that have already been told they are entitled to a resentencing hearing? can you take that away from them? Can you retroactively pull the rug out and reinsert the death penalty? Brunvand toldFox News that a motion has already been filed to reinstate the death penalty for his client. He thinks thats an injustice. I cannot imagine having been sentenced to death, having received word from the Supreme Court that the scheme is unconstitutional and youre going to get a new trial, to have lawyers start preparing for trial and then all of the sudden face the prospect that Oh, we might just send you back to death row. I cant imagine.