Gregory v. State

The Supreme Court reversed Defendant’s sentences of death imposed for his convictions of first-degree murder and remanded for a new penalty phase based on Hurst v. State, 202 So. 3d 40 (Fla. 2016) and Mosley v. State, 209 So. 3d 1248 (Fla. 2016), holding that the jury’s nonunanimous recommendation of death by a vote of seven to five as to both murders was not harmless beyond a reasonable doubt. The court thus reversed the postconviction court’s order denying postconviction relief as to the penalty phase of Defendant’s trial but affirmed the postconviction court’s order denying postconviction relief as to the guilt phase. The court also denied Defendant’s habeas petition to the extent he sought relief pursuant to Hurst and affirmed the postconviction court’s denial of Defendant’s successive motion to vacate judgment and sentence. View "Gregory v. State" on Justia Law