State v. Silvia

At issue was whether Defendant’s waiver of postconviction proceedings and counsel precluded him from claiming a right to relief under Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Defendant was a prisoner under sentence of death whose sentence became final on June 6, 2011. The sentence was imposed after a jury recommended death by a vote of eleven to one. After the Supreme Court affirmed Defendant’s convictions and sentences, Defendant waived his right to postconviction proceedings and counsel. Subsequent to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and the Supreme Court’s decision in Hurst on remand, the postconvcition court granted Defendant a new penalty phase. The Supreme Court reversed, holding that Defendant’s valid postconviction waiver precluded him from claiming a right to the benefit of Hurst. View "State v. Silvia" on Justia Law