USA - Florida. Judge Marc Lubet vacated the death sentence of Sean Smith because it was not unanimous

Orange County Judge Marc Lubet (Ninth Judicial Circuit Court of Florida) vacated the death sentence of Sean Smith because he was sentenced to death years ago without a unanimous jury decision. Smith, now 40, Black, (who is also known as Dolan Darling), was convicted in the Oct. 29, 1996 rape and murder of 39-year-old Grace Mlynarczyk. A jury sent him to death row by a vote of 11-1, and a judge upheld the sentence on December 18, 1998. The case is scheduled for another status hearing in early May.