Justia Florida Supreme Court Opinion Summaries

The Supreme Court affirmed the circuit court’s order denying David Miller, Jr.’s motion filed under Fla. R. Crim. P. 3.851, holding that Miller 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). Miller was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Miller’s sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Miller’s sentence of death and, accordingly, affirmed the denial of Miller’s motion. View "Miller v. Jones" on Justia Law

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

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

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

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

The Supreme Court affirmed the circuit court’s order denying Glen Edward Rogers’ motion filed under Fla. R. Crim. P. 3.851, holding that Rogers 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). Rogers was sentenced to death following a jury’s unanimous recommendation for death. Rogers’ sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Rogers’ sentence of death and, accordingly, affirmed the denial of Rogers’ motion. View "Rogers v. State" on Justia Law

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

The Supreme Court affirmed the circuit court’s order denying Bruce Douglas Pace’s motion filed under Fla. R. Crim. P. 3.851, holding that Pace 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). Pace was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Pace’s sentence of death became final in 1992. The Supreme Court held that Hurst did not apply retroactively to Pace’s sentence of death and, accordingly, affirmed the denial of Pace’s motion. View "Pace v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Dominick A. Occhicone’s motion filed under Fla. R. Crim. P. 3.851, holding that Occhicone 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). Occhicone was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Occhicone’s sentence of death became final in 1991. The Supreme Court held that Hurst did not apply retroactively to Occhicone’s sentence of death and, accordingly, affirmed the denial of Occhicone’s motion. View "Occhicone v. State" on Justia Law

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