SAMUEL JASON DERRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Samuel Jason Derrick appealed the denial of his motion for post-conviction relief seeking to apply the U.S. Supreme Court's Hurst v. Florida decision to his death sentence. The Florida Supreme Court affirmed the denial, holding that Hurst does not apply retroactively to Derrick's sentence, which became final in 1995.
Hurst does not apply retroactively to Derrick's death sentence because his sentence became final in 1995, prior to the Hurst decision. Accordingly, Derrick is not entitled to post-conviction relief under Hurst.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief based on Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Derrick's sentence of death.”
The Court's holding that the Hurst decision does not apply retroactively because Derrick's sentence became final in 1995.
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Join FLexlaw to unlock all legal intelligenceDerrick was sentenced to death following a jury's recommendation for death by a vote of seven to five. His death sentence became final in 1995. Derric…
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*232We have for review Samuel Jason Derrick's appeal of the circuit court's order denying Derrick's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Derrick'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 Derrick'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, Derrick responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Derrick's response to the order to show cause, as well as the State's arguments in reply, we conclude that Derrick is not entitled to relief. Derrick was sentenced to death following a jury's recommendation for death by a vote of seven to five. Derrick v. State, 641 So.2d 378, 379 (Fla. 1994). Derrick's sentence of death became final in 1995. Derrick v. Florida, 513 U.S. 1130, 115 S.Ct. 943, 130 L.Ed.2d 887 (1995). Thus, Hurst does not apply retroactively to Derrick's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Derrick's motion.
The Court having carefully considered all arguments raised by Derrick, 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.
LEWIS and CANADY, JJ., concur in result.
QUINCE, J., recused.
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
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)
- Derrick v. State, 641 So. 2d 378 (Fla. 1994)