Johnson v. State

The Supreme Court affirmed the circuit court’s order denying Emanuel Johnson’s motion filed under Fla. R. Crim. P. 3.851, holding that Johnson was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Johnson was sentenced to death for one count of murder following a jury’s recommendation for death by a vote of eight to four. Johnson was also sentenced to death for a second count of murder following a jury’s recommendation for death by a vote of ten to two. Johnson’s sentences of death became final in 1996. The Supreme Court held that Hurst did not apply retroactively to Johnson’s sentence of death and, accordingly, affirmed the denial of Johnson’s motion. View "Johnson v. State" on Justia Law