Dailey v. State

The Supreme Court affirmed the circuit court’s order denying Appellant’s motion filed pursuant to Fla. R. Crim. P. 3.851 seeking relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and the Supreme Court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016).Appellant was sentenced to death following a jury’s unanimous recommendation for death. The death sentence was reversed and, on remand, the trial court again sentenced Appellant to death. Appellant’s death sentence became final in 1996. The Supreme Court held that Hurst did not apply retroactively to Appellant’s sentence of death, and therefore, the circuit court properly denied Appellant’s motion. View "Dailey v. State" on Justia Law