WILLIAM LEE THOMPSON
v.
STATE OF FLORIDA

Fla. | 2022-06-23
No. SC20-1847
47 Fla. L. Weekly S99 Florida Supreme Court (2022) Positive Treatment
Also reported at: 341 So. 3d 303
Cited by 10 cases
Topics
Retroactivity Of Judicial Decisions Stare Decisis

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Opinion of the Court

131976CF003350B000XX

WILLIAM LEE THOMPSON vs. STATE OF FLORIDA Appellant(s) Appellee(s)

Appellant’s Motion for Rehearing is hereby denied. CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. LABARGA, J., concurs with an opinion. LABARGA, J., concurring.

I continue to adhere to my dissent in Thompson v. State, 47 Fla. L. Weekly S99 (Fla. Mar. 31, 2022), wherein I reaffirmed my dissenting view in Phillips v. State, 299 So. 3d 1013 (Fla. 2020), and my belief that Hall v. Florida, 572 U.S. 701 (2014), applies retroactively.

However, I agree that Thompson has not established a basis for rehearing, and consequently, I have voted to deny rehearing. CASE NO.: SC20-1847 Page Two

A True Copy Test:

so Served: HON. MARISA TINKLER-MENDEZ HON. HARVEY RUVIN BRITTNEY NICOLE LACY JENNIFER A. DAVIS MARIE-LOUISE SAMUELS PARMER

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Cited By

  • Dettle v. State, 384 So. 3d 742 (Fla. 2024)
    …determine whether a new rule amounts to a “jurisprudential upheaval[]” (to which we give retroactive effect), or whether it is more like an “evolutionary refinement[] in the criminal law" (to which we do not). Id. at 929; see also Phillips v. State, 299 So. 3d 1013, 1021 (Fla. 2020) (“[O]ur Court in Witt equated new rules of law that are of 'sufficient magnitude' to merit retroactive application with ‘jurisdictional upheavals.'” (quoting Witt, 387 So. 2d at 929)). Linkletter's first factor, considering the pu…
  • Alagabara Awolowo v. State, 389 So. 3d 788 (Fla. 1st DCA 2024)
  • Crecelius v. Rizzitano, 2026 WL 555031 (Fla. 6th DCA 2026)
    …37 (Fla. 2000) (finding there was no ineffective assistance of counsel under Strickland). The test for retroactivity announced in Witt v. State, 387 So. 2d 922 (Fla. 1980), is the same whether finding for or against retroactivity. Phillips v. State, 299 So. 3d 1013 (Fla. 2020) (finding retroactive application inappropriate under Witt); Mosley v. State, 209 So. 3d 1248 (Fla. 2016) (deeming retroactive application appropriate under Witt). It is not outside the bounds of the facts of a case or jurisprudence of ou…

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