GEORGE MICHAEL HODGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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George Michael Hodges appeals a circuit court's denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851, seeking relief based on Hurst v. Florida and its progeny. The Florida Supreme Court affirms the denial, holding that Hurst does not apply retroactively to Hodges's death sentence, which became final in 1993.
Hurst does not apply retroactively to Hodges's death sentence because his sentence became final in 1993, prior to the Hurst decision.
[1] The United States 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 intelligence“Thus, Hurst does not apply retroactively to Hodges's sentence of death.”
The Court's holding that retroactive application of Hurst is foreclosed by the finality of Hodges's 1993 sentence.
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Join FLexlaw to unlock all legal intelligenceHodges was sentenced to death following a jury's recommendation for death by a vote of ten to two. His death sentence became final in 1993. Hodges fil…
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*242We have for review George Michael Hodges's appeal of the circuit court's order denying Hodges's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Hodges'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 Hodges'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, Hodges responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Hodges's response to the order to show cause, as well as the State's arguments in reply, we conclude that Hodges is not entitled to relief. Hodges was sentenced to death following a jury's recommendation for death by a vote of ten to two. See Hodges v. State, 619 So.2d 272 (Fla. 1993) ; Hodges v. State, 595 So.2d 929, 931 (Fla. 1992).1 Hodges's sentence of death became final in 1993. Hodges v. Florida, 510 U.S. 996, 114 S.Ct. 560, 126 L.Ed.2d 460 (1993). Thus, Hurst does not apply retroactively to Hodges's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Hodges's motion.
The Court having carefully considered all arguments raised by Hodges, 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, 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 (15 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)
- Searles v. State, 885 So. 2d 338 (Fla. 2004)