RICHARD HAROLD ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court affirmed the denial of Richard Harold Anderson's motion for post-conviction relief seeking to apply the Hurst v. Florida decision retroactively to his 1991 death sentence. The court held that Hurst does not apply retroactively to final sentences, making Anderson ineligible for relief.
The court held that Hurst does not apply retroactively to Anderson's death sentence because his sentence became final in 1991, before the Hurst decision. Therefore, Anderson is not entitled to relief under the standard established in Hitchcock v. State.
[1] The Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief seeking to vacate a death sentence based on Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Anderson's sentence of death.”
Establishes the core holding that the Hurst decision cannot be applied retroactively to final sentences from 1991.
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Join FLexlaw to unlock all legal intelligenceRichard Harold Anderson was sentenced to death in 1991 following a jury's recommendation for death by a vote of eleven to one. His death sentence beca…
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We have for review Richard Harold Anderson’s appeal of the circuit court’s order denying Anderson’s motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Anderson’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, — U.S. —:—, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So.3d 40 (Fla. 2016), cert. denied, — U.S. -, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). This Court stayed Anderson’s appeal pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, — U.S. -, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Anderson responded to this Court’s order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Anderson’s response to the order to show cause, as well as the State’s arguments in reply, we conclude that Anderson is not entitled to relief. Anderson was sentenced to death following a jury’s recommendation for death by a vote of eleven to one. Anderson v. State, 574 So.2d 87, 90 (Fla. 1991). Anderson’s sentence of death became final in 1991. Anderson v. Florida, 502 U.S. 834, 112 S.Ct. 114, 116 L.Ed.2d 83 (1991). Thus, Hurst does not apply retroactively to Anderson’s sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Anderson’s motion.
The Court having carefully considered all arguments raised by Anderson, we caution that any rehearing' motion containing reargument will be stricken. .It is so ordered.
LABARGA, C.J., and POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
*279LEWIS and CANADY, JJ., concur in result.
QUINCE, J., recused.
concurring in result.
I concur in result because I recognize that this Court’s opinion in Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, — U.S. -, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock.
PARIENTE, J.,
concurring in result.
I concur in result because I recognize that this Court’s opinion in Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, — U.S. -, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Hurst v. Florida., 136 S. Ct. 616 (U.S. 2016)
- Hurst v. State, 202 So. 3d 40 (Fla. 2016)
- Florida v. Hurst., 137 S. Ct. 2161 (U.S. 2017)
- Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
- Rainey v. Dist. Attorney Off. of Philadelphia., 138 S. Ct. 513 (U.S. 2017)
- Ward v. Neal, 137 S. Ct. 2161 (U.S. 2017)
- Boone v. Lorie Davis, 137 S. Ct. 2163 (U.S. 2017)
- Loud v. Lorie Davis, 138 S. Ct. 513 (U.S. 2017)
- Allen v. United States, 138 S. Ct. 513 (U.S. 2017)
- Anderson v. State, 574 So. 2d 87 (Fla. 1991)