MICHAEL A. HERNANDEZ, JR., PETITIONER,
v.
JULIE L. JONES, ETC., RESPONDENT
MICHAEL A. HERNANDEZ, JR., PETITIONER,
JULIE L. JONES, ETC., RESPONDENT
217 So. 3d 1032
Florida Supreme Court (2017)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Petitioner, Michael A. Hernandez, Jr., has filed a petition for writ of habeas corpus, challenging the constitutionality of his death sentence, which was based upon a nonunanimous jury recommendation. See Hernandez v. State, 4 So.3d 642, 654 (Fla. 2009). We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. Because Hernandez’s sentence became final after Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), he is entitled to relief. See Mosley v. State, 209 So.3d 1248 (Fla. 2016). Accordingly, we grant the petition, vacate the sentence of death, and remand this case for a new penalty phase proceeding.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur. CANADY, POLSTON, and LAWSON, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Doorbal v. Jones, 227 So. 3d 110 (Fla. 2017)…2016). Doorbal’s convictions became final on June 27, 2003. Doorbal, 539 U.S. 962, 123 S.Ct. 2647. Thus, Doorbal falls within the category of defendants to whom Hurst is applicable. See Hertz v. Jones, 218 So. 3d 428 (Fla. 2017); Hernandez v. Jones, 217 So. 3d 1032 (Fla. 2017); Card v. Jones, 219 So. 3d 47 (Fla. 2017). Accordingly, the issue is then whether any error that occurred during the penalty phase was harmless beyond a reasonable doubt. Although three aggravating factors were necessarily found by a un…1 / 2
Authorities Cited
- Ring v. Arizona, 536 U.S. 584 (U.S. 2002)
- Mosley v. State, 209 So. 3d 1248 (Fla. 2016)
- Hernandez v. State, 4 So. 3d 642 (Fla. 2009)