. >> reporter: the ruling stems from the case of timothy lee hurst a popeyes employee accused of killing his customer. florida's attorney said that it's still early and that her office is reviewing the ruling. >> do you think this is going to need adjustments? >> perhaps. it's just coming down and we have to look at it to see what's needed for a fix. >> reporter: if the law state wants to keep the death for the a -- nearly 100 prisoners currently sit on death row. >>> a little crime alert for you. tampa police are looking at a series of car break-ins in tampa. the homeowner was in the house in the shower. and in another case a burglar alarm went off and the thief at that point fled before police could get there. police have one photograph of a white car that was seen near a house that was robbed. it was spotted near mcdeal. police are looking for any information that may help solve this series of crimes. >>> it almost goes in saying that first responders have to be prepared for the worse case scenario. for firefighters one of the worse situations is battling a fuel fire. josh thomas join

the court ordered a new sentencing hearing for timothy lee hurst, convicted of the 1998 murder of his manager at a restaurant in pensacola. a jury decided in favor of death, but a judge imposed the sentence. >>> up north, a live look at our nation's capital, washington, d.c., ahead of president obama's final state of the union address going to happen tonight. the white house promising it's going to be different than the list of priorities he usually lays out for congress. capitol hill. >> don't expect what you saw last year or the year before. typically the president comes here during the state of the congress to do. and while there will likely be some of that tonight, things speech, the white house says, will be much more reflecting on his past accomplishments and looking forward at america's future. >> reporter: dueling videos setting the stage for the final state of the union. >> there is no next thing. this is it. >> reporter: the white house says president obama will reflect on his achievements and look ahead. >> he has a opportunity to lay out for the american people the longer-

. >> reporter: today's ruling came in the case of timothy lee hurst, accused of stabbing a coworker to death at a popeye's. it was the judge who decided that he should be put to death. this ruling says that the jury should have more than just an advisory role in determining a death sentence. >> now we have a situation where the supreme court is saying the judge should not have the ability to have the ultimate say. that it denies the defendant should be making these decisions. >> reporter: and we have hundreds of inmates on death row here in florida. we're second only to california. so this afternoon we reached out to the state attorney general's office to figure out how they may be handling all of these future cases. they have only said so far that they are reviewing the ruling. >> laura, talking about the inmates on death row, what is next for these people? >> reporter: yeah. so the ruling could be made retroactive to affect all of those cases involving all of the inmates already on death row. attorneys tell us that the state will have to go in and review each case. some of those sent

the eight-to-one ruling came in a challenge filed by death row inmate "timothy lee hurst" ... who was convicted of murdering a restaurant co- worker in 19-98.a jury recommended a death sentence for hurst.but the judge held a separate hearing and then decided to decision will likely lead to challenges from other florida death row inmates. 3 (samantha)>> and a federal appeals court has ruled that wearing military medals that you haven't earned... is part of free speech.the ruling came as judges overturned the "stolen valor act" conviction of elven joe swisher.swisher ... who served in the marines... was convicted in 2007 after wearing a purple heart he hadn't earned while testifying during a criminal court case. judges saidthat wearing military medals conveys a message, which is protected by the first amendment. 3 swoosh sound 3 (bill)>> the washoe county school 3 board... has reached an agreement...>> over alleged violations.. of its open meeting law... how the issue was resolved.. in the next half hour of news 4 today. 3 trailing music 3 (alex)>> it's the day we've been waitin