DANIEL JON PETERKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE. DANIEL JON PETERKA, PETITIONER, V. JULIE L. JONES, ETC., RESPONDENT.
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Daniel Jon Peterka sought relief under Hurst v. Florida, claiming his death sentence should be reconsidered because jury recommendations in capital cases must now be binding rather than advisory. The Florida Supreme Court affirmed the denial of his motion, holding that Hurst does not apply retroactively to sentences that became final before the Hurst decision.
Hurst does not apply retroactively to Peterka's death sentence because his sentence became final in 1995, predating the Hurst decision. Therefore, Peterka is not entitled to relief under Hurst.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for rehearing containing reargument will be stricken.
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Peterka's sentence of death.”
The court's holding on the central issue of retroactive application of Hurst to pre-2016 death sentences.
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Join FLexlaw to unlock all legal intelligencePeterka was sentenced to death following a jury recommendation for death by a vote of eight to four. His death sentence became final in 1995. Peterka …
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Daniel Jon Peterka appeals the circuit court's order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.
Peterka seeks 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 Peterka's appeal and consideration of his habeas petition 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, Peterka responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in both cases.
After reviewing Peterka's response to the order to show cause, as well as the State's arguments in reply, we conclude that Peterka is not entitled to relief. Peterka was sentenced to death following a jury's recommendation for death by a vote of eight to four. Peterka v. State, 640 So.2d 59, 65 (Fla. 1994). Peterka's sentence of death became final in 1995. Peterka v. Florida, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 884 (1995). Thus, Hurst does not *904apply retroactively to Peterka's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Peterka's motion and deny his petition for a writ of habeas corpus.
The Court having carefully considered all arguments raised by Peterka, 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 (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)
- Peterka v. State, 640 So. 2d 59 (Fla. 1994)