THOMAS EARL BOONE, PETITIONER,

v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION.

Citator

Cited By (181 total)

• Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
  …application of the right to a unanimous jury recommendation for death announced in Hurst under the Eighth Amendment to the United States Constitution. See Hurst v. State (Hurst), 202 So. 3d 40, 44 (Fla. 2016), cert. denied. — U.S. -, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Hitchcock also contends that denying retroactive application of Hurst to him and other similarly situated defendants violates their constitutional right to due process. Contrary to the majority’s assertion, these issues were -not specifica…

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• Asay v. State, 224 So. 3d 695 (Fla. 2017)
  …death sentences. However, these claims are, in essence, an Eighth Amendment attack on his sentences based on the nonunanimous verdicts using this Court’s decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, — U.S. —, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017) and the Legislature’s revision of section 921.121, Florida Statutes, in response to this Court’s decision in Perry v. State, 210 So. 3d 630 (Fla. 2016). In other words, Asay asserts that his death sentences cannot withstand Eighth Amendment s…

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• Rodrick D. Williams v. State, 242 So. 3d 280 (Fla. 2018)
  …ecision on this point seems irreconcilable with the manner in which we are treating the death cases that have been reversed based on the majority's decision in Hurst v. State , 202 So. 3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). In Hurst , we "remand[ed] for a new penalty phase proceeding." 202 So. 3d at 69. And we have summarily rejected as [*295] "without merit" claims based "on double jeopardy and due process grounds" that the State "is precluded from seeking t…