ERNEST WHITFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ernest Whitfield appealed the denial of his motion for post-conviction relief based on Hurst v. Florida, which held that Florida's death penalty sentencing scheme violated the Sixth Amendment. The Florida Supreme Court affirmed the denial, finding that Hurst does not apply retroactively to Whitfield's 1998 death sentence.
Hurst v. Florida does not apply retroactively to Whitfield's death sentence because his sentence became final in 1998, well before the Hurst decision. Therefore, Whitfield is not entitled to relief, and the circuit court's denial of his motion is affirmed.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief seeking to apply Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Whitfield's sentence of death.”
The Court's holding that the Hurst decision does not have retroactive application to sentences that became final before Hurst was decided.
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Join FLexlaw to unlock all legal intelligenceWhitfield was sentenced to death following a jury recommendation for death by a vote of seven to five. His death sentence became final in 1998. Whitfi…
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We have for review Ernest Whitfield’s appeal of the circuit court’s order denying Whitfield’s motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla; Const.
Whitfield’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 Whitfield’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, Whitfield responded to this Court’s order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Whitfield’s response to the order to show cause, as well as the State’s arguments in reply, we conclude that Whitfield is not entitled to relief. Whitfield was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Whitfield v. State, 706 So.2d 1, 3 (Fla. 1997). Whitfield’s sentence of death became final in 1998. Whitfield v. Florida, 525 U.S. 840, 119 S.Ct. 103, 142 L.Ed.2d 82 (1998). Thus, Hurst does not apply retroactively to Whitfield’s sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Whitfield’s motion.
*298The Court having carefully considered all arguments raised by Whitfield, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LÁBARGA, C.J., and QUINCE, ' ' POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
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.
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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)
- Whitfield v. State, 706 So. 2d 1 (Fla. 1997)