FLOYD WILLIAM DAMREN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Hurst decision does not apply retroactively to the appellant's death sentence, which became final before the decision.
[1] The Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief based on Hurst v. …
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant sought post-conviction relief based on a Supreme Court decision regarding death penalty sentencing. The appellant's death sentence became fi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Death Penalty Sentencing cases and more on FLexlaw
We have for review Floyd William Damren's appeal of the circuit court's order denying Damren's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Damren'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 Damren'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, Damren responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Damren's response to the order to show cause, as well as the State's arguments in reply, we conclude that Damren is not entitled to relief. Damren was sentenced to death following a jury's unanimous recommendation for death. Damren v. State, 696 So.2d 709, 710 (Fla. 1997). Damren's sentence of death became final in 1998.
*231Damren v. Florida, 522 U.S. 1054, 118 S.Ct. 706, 139 L.Ed.2d 648 (1998). Thus, Hurst does not apply retroactively to Damren's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Damren's motion.
The Court having carefully considered all arguments raised by Damren, 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.
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, --- L.Ed.2d ---- (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
Cited By
-
Damren v. State, 397 So. 3d 607 (Fla. 2023)
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)
- Damren v. State, 696 So. 2d 709 (Fla. 1997)