Florida ‘Buried Alive’ Killer Appeals Death Sentence

Michael JacksonPhoto byFlorida Department of Corrections

Michael Jackson, one of the felons convicted of the heinous and cold-blooded murders of Reggie and Carol Sumner, is currently appealing his death sentence to the Florida Supreme Court. Jackson's case, notorious for its extreme brutality, has sparked a debate as his legal team argues that errors in the trial process warrant overturning his sentence.

In 2005, Jackson, along with his accomplices, committed a crime that left the community reeling. The Sumners, a Jacksonville couple in their 60s, were abducted, brutally robbed, and buried alive in Georgia—a crime that stands as one of the most gruesome in recent history. Jackson’s involvement led to his conviction and a subsequent death sentence.

In 2017, the Florida Supreme Court mandated new sentencing hearings for Jackson and two other convicted felons involved in the case due to their juries' non-unanimous recommendations for the death penalty. This decision was influenced by the 2016 U.S. Supreme Court ruling in Hurst v. Florida, which found that Florida's previous law permitting non-unanimous jury verdicts was unconstitutional. As a result, Florida began resentencing individuals affected by this ruling. Jackson was, however, resentenced to death in August 2023.

Jackson’s latest appeal, filed on September 13, 2024, raises several contentious issues. His defense argues that recent changes in Florida law, which removed the requirement for a unanimous jury verdict in death penalty cases, were applied retroactively in a manner they claim is unconstitutional. They also assert that racial bias influenced the legislative changes and unfairly targeted Jackson. Additionally, the appeal highlights alleged errors during Jackson’s trial, such as the trial court's refusal to admit evidence that one of Jackson’s co-defendants received a life sentence for the same crime and the exclusion of a co-defendant’s recanted testimony, which they argue deprived the jury of critical information.

Jackson’s legal team contends that despite the severity of the crime, procedural errors and legal changes have compromised the integrity of his trial.

The Florida Supreme Court has yet to issue a response to the appeal.