14 December 2017 :

Duval County Judge Mark Borello formally sentenced Randal Deviney to death for 3rd time. On August 5, 2008, Deviney, then 18 years old, slit the throat of Delores Futrell and beat her during an attempted burglary. He then moved her body and staged the scene to make it appear that she had been sexually assaulted. On October 14 (see) a jury unanimously recommended he be given the death penalty. It was the 3rd jury that has been asked to sentence Deviney to death for the crime. The 1st conviction was overturned on appeal and his 2nd sentence was thrown out when the Florida Supreme Court ruled that death penalties are only constitutional if there is a unanimous jury recommendation. Deviney claimed he just snapped while talking with Futrell one day, but prosecutors argued that the murder was premeditated because Deviney wanted to steal from Futrell. Deviney was first convicted of killing Futrell in 2010. The conviction and death sentence were overturned after it was found that detectives had coerced a confession out of Deviney without reading him his Miranda rights. In July 2015, Deviney was found guilty again, and a jury recommended he be sent back to death row with an 8-4 vote. The state Supreme Court upheld that second conviction, but later ruled the death penalty unconstitutional unless there is a unanimous jury recommendation.