STEPHEN TODD BOOKER, PETITIONER,
v.
JULIE L. JONES, ETC., RESPONDENT
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Florida Supreme Court denies habeas corpus petition seeking retroactive application of Hurst v. Florida because petitioner's death sentence became final in 2001, before Hurst was decided.
Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision.
[1] Hurst v. …
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Join FLexlaw to unlock all legal intelligenceStephen Todd Booker was sentenced to death following a jury recommendation by a vote of eight to four. His sentence became final in 2001.…
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Stephen Todd Booker petitions this Court for a writ of habeas corpus seeking 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 has jurisdiction. See art. V, § 3(b)(9), Fla. Const.
This Court stayed Booker’s case pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, — *299U.S - 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Booker responded to this Court’s order to show cause arguing why Hitchcock should not be dispositive in this ease.
After reviewing Booker’s response to the order to show cause, as well as the State’s arguments in reply, we conclude that Booker is not entitled to relief. Booker was sentenced to death following a jury’s recommendation for death by a vote of eight to four; Booker v. State, 773 So.2d 1079, 1086 (Fla. 2001). Booker’s sentence of death became final in 2001. Booker v. Florida. 532 U.S. 1033, 121 S.Ct. 1989, 149 L.Ed.2d 779 (2001). Thus, Hurst does not apply retroactively to Booker’s sentence. See Hitchcock, 226 So.3d at 217. Accordingly, we deny Booker’s petition.
The Court having carefully considered all arguments raised by Booker, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, 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
Cited By
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Booker v. State, 252 So. 3d 723 (Fla. 2018)…n for a writ of habeas corpus raising similar claims is a procedural bar to the claims at issue in this appeal. All of Booker's claims depend upon the retroactive application of Hurst , to which we have held he is not entitled. See Booker v. Jones , 235 So. 3d 298, 299 (Fla. 2018) ; Hitchcock , 226 So. 3d at 217. Accordingly, we affirm the denial of Booker's motion. The Court having carefully considered all arguments raised by Booker, we caution that any rehearing motion containing reargument will be strick…
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)
- Booker v. State, 773 So. 2d 1079 (Fla. 2000)