KYLE RAINEY, PETITIONER,

v.

DISTRICT ATTORNEY OFFICE OF PHILADELPHIA.

Citator

Cited By (123 total)

• Reynolds v. State, 251 So. 3d 811 (Fla. 2018)
  …at completely unforeseen changes in the law by later appellate courts. Moreover, Ring became the cutoff that we set for any and all Hurst -related claims. Hitchcock v. State , 226 So. 3d 216, 217 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017) ; see, e.g. , Asay v. State , 210 So. 3d 1, 15-22 (Fla. 2016). As a practical matter, a Hurst -induced Caldwell claim cannot be more retroactive than Hurst because the rights announced in Hurst serve as the basis for this type of Caldwell cla…
• Dailey v. State, 247 So. 3d 390 (Fla. 2018)
  …02 So. 3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Dailey responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So. 3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), should not be dispositive in this case. After reviewing Dailey's response to the order to show cause, as well as the State's arguments in reply, we conclude that Dailey is not entitled to relief. Dailey was sentenced to death following a ju…

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• Taylor v. State, 260 So. 3d 151 (Fla. 2018)
  …ter first retrial); Murray v. State , 692 So. 2d 157 (Fla. 1997) (reversing Murray's convictions and vacating sentences on direct appeal after original trial). Hitchcock v. State , 226 So. 3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017) ; Asay v. State (Asay V ), 210 So. 3d 1 (Fla. 2016), cert. denied , --- U.S. ----, 138 S.Ct. 41, 198 L.Ed.2d 769 (2017).…