Pagan v. State

The Supreme Court vacated Appellant’s sentence of death and remanded for a new penalty phase consistent with Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Appellant was convicted of two counts of murder. The jury recommended death by a vote of seven to five, and the trial court sentenced Appellant to death for each of the murders. The Supreme Court affirmed Appellant’s convictions and sentences and affirmed the denial of Appellant’s initial postconviction motion. Appellant appealed the denial of his first successive postconviction motion to vacate his sentence of death, seeking relief under Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst. The Supreme Court reversed the postconvcition court’s order and remanded for a new penalty phase, holding that Appellant’s sentence was the result of Hurst errand that the Hurst error was not harmless beyond a reasonable doubt. View "Pagan v. State" on Justia Law