Everett v. State

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The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851.Appellant was convicted in 2002 of first-degree murder and other crimes. The jury unanimously recommended a sentence of death for the murder by a vote of twelve to zero. The Supreme Court affirmed. In 2017, Appellant filed a successive postconviction motion to vacate his death sentence in light of Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). The circuit court summarily denied the motion. The Supreme Court affirmed, holding that any Hurst error in this case was harmless beyond a reasonable doubt. View "Everett v. State" on Justia Law