Cole v. State

Appellant, an inmate under a sentence of death, appealed the denial of her motion for postconviction relief filed under Fla. R. Crim. P. 3.851. The Supreme Court affirmed the denial of relief for a new guilt phase but granted Appellant a new penalty phase based on Hurst v. Florida, 577 U.S. __ (2016) and Hurst v. State, 202 So. 3d 40 (Fla. 2016). The court vacated Appellant’s death sentences and remanded for a new penalty phase, holding (1) Appellant’s ineffective assistance of guilt phase counsel claims failed; but (2) Appellant was entitled to a new penalty phase in light of a nonunanimous jury recommendation to impose death sentences. View "Cole v. State" on Justia Law