Serrano v. State

The Florida Supreme Court vacated Nelson Serrano’s four death sentences imposed after he was convicted for four counts of first-degree murder and remanded for a new penalty phase pursuant to Hurst v. State, 202 So. 3d 40. Serrano had appealed the denial of his postconviction motion filed under Fla. R. Crim. P. 3.851 and petitioned the Supreme Court for a writ of habeas corpus. The Supreme Court affirmed the postconviction court’s denial of Serrano’s guilt phase claims and denied his habeas petition. However, the court held that Serrano was entitled to relief under Hurst because the jury recommended death on all four murder counts by a vote of nine to three, and the error in Serrano’s sentencing was not harmless beyond a reasonable doubt. View "Serrano v. State" on Justia Law