Overton v. State

The Supreme Court affirmed the circuit court’s order denying Thomas M. Overton’s motion filed under Fla. R. Crim. P. 3.851, holding that Overton 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). Overton was convicted of two counts of murder. Overton was sentenced to death on both counts following a jury’s recommendation for death by a vote of nine to three on one count and a vote of eight to four on another count. Overton’s sentence of death became final in 2002. The Supreme Court held that Hurst did not apply retroactively to Overton’s sentence of death and, accordingly, affirmed the denial of Overton’s motion. View "Overton v. State" on Justia Law