Banks v. State

After a jury trial, Donald Lenneth Banks was found guilty of first-degree murder. The jury recommended the death penalty by a vote of ten to two. Following the jury’s recommendation, the trial court sentenced Banks to death. On appeal, the Supreme Court affirmed Banks’ conviction and sentence. Thereafter, Banks filed a motion under Fla. R. Crim. P. 3.851 to vacate his murder conviction and sentence of death, alleging ineffective assistance of counsel. The postconviction court denied the motion. Banks appealed the denial of his Rule 3.851 motion and petitioned the Supreme Court for a writ of habeas corpus. The Supreme Court affirmed the denial of Banks’ postconviction guilt phase claims, denied his habeas petition, but vacated his death sentence, holding (1) trial court provided effective assistance of counsel; but (2) Banks’ death sentence violated Hurst v. State, and the Hurst error was not harmless beyond a reasonable doubt. Remanded for a new penalty phase. View "Banks v. State" on Justia Law