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The Supreme Court affirmed the circuit court’s order denying Antonio Labaron Melton’s motion filed under Fla. R. Crim. P. 3.851, holding that Melton 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). Melton was sentenced to death following a jury’s recommendation for death by a vote of eight to four. Melton’s sentence of death became final in 1994. The Supreme Court held that Hurst did not apply retroactively to Melton’s sentence of death and, accordingly, affirmed the denial of Melton’s motion. View "Melton v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying Alvin Leroy Morton’s motion filed under Fla. R. Crim. P. 3.851, holding that Morton 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). Morton was convicted of two counts of first-degree murder and sentenced to death following a jury’s recommendation for death by a vote of eleven to one on both counts. Derrick’s sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Morton’s sentence of death and, accordingly, affirmed the denial of Morton’s motion. View "Morton v. State" on Justia Law

Posted in: Criminal Law

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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

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying Gary Lawrence’s motion filed under Fla. R. Crim. P. 3.851, holding that Lawrence 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). Lawrence was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Lawrence’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to Lawrence’s sentence of death and, accordingly, affirmed the denial of Lawrence’s motion. View "Lawrence v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying George Michael Hodges’s motion filed under Fla. R. Crim. P. 3.851, holding that Hodges 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). Hodges was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Hodges’s sentence of death became final in 1993. The Supreme Court held that Hurst did not apply retroactively to Hodges’s sentence of death and, accordingly, affirmed the denial of Hodges’s motion. View "Hodges v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying Michael Allen Griffin’s motion filed under Fla. R. Crim. P. 3.851, holding that Griffin 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). Griffin was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Griffin’s sentence of death became final in 1995. The Supreme Court held that Hurst did not apply retroactively to Griffin’s sentence of death and, accordingly, affirmed the denial of Griffin’s motion. View "Griffin v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying Samuel Jason Derrick’s motion filed under Fla. R. Crim. P. 3.851, holding that Derrick 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). Derrick was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Derrick’s sentence of death became final in 1995. The Supreme Court held that Hurst did not apply retroactively to Derrick’s sentence of death and, accordingly, affirmed the denial of Derrick’s motion. View "Derrick v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the circuit court’s order denying Floyd William Damren’s motion filed under Fla. R. Crim. P. 3.851, holding that Damren 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). Damren was sentenced to death following a jury’s unanimous recommendation for death. Damren’s sentence of death became final in 1998. The Supreme Court held that Hurst did not apply retroactively to Damren’s sentence of death and, accordingly, affirmed the denial of Damren’s motion. View "Damren v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court vacated Appellant’s sentence of death and remanded for a new penalty phase consistent with Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Appellant was convicted of two counts of murder. The jury recommended death by a vote of seven to five, and the trial court sentenced Appellant to death for each of the murders. The Supreme Court affirmed Appellant’s convictions and sentences and affirmed the denial of Appellant’s initial postconviction motion. Appellant appealed the denial of his first successive postconviction motion to vacate his sentence of death, seeking relief under Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst. The Supreme Court reversed the postconvcition court’s order and remanded for a new penalty phase, holding that Appellant’s sentence was the result of Hurst errand that the Hurst error was not harmless beyond a reasonable doubt. View "Pagan v. State" on Justia Law

Posted in: Criminal Law

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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

Posted in: Criminal Law