RONALD PALMER HEATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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The court held that the defendant is not entitled to relief because the Supreme Court's decision in Hurst v. Florida does not apply retroactively to his death sentence, which became final before Hurst.
[1] The Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief seeking application of a new Supreme Court ruling will be denied if the defendant's sentence became final prior to that ruling.
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Join FLexlaw to unlock all legal intelligenceRonald Palmer Heath appealed the denial of his motion for postconviction relief, which was based on the Supreme Court's decision in Hurst v. Florida. …
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We have for review Ronald Palmer Heath's appeal of the circuit court's order denying Heath's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Heath'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). After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), *932cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), Heath responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Heath's response to the order to show cause, as well as the State's arguments in reply, we conclude that Heath is not entitled to relief. Heath was sentenced to death following a jury's recommendation for death by a vote of ten to two. Heath v. State , 648 So.2d 660, 663 (Fla. 1994). Heath's sentence of death became final in 1995. Heath v. Florida , 515 U.S. 1162, 115 S.Ct. 2618, 132 L.Ed.2d 860 (1995). Thus, Hurst does not apply retroactively to Heath's sentence of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of Heath's motion.
The Court having carefully considered all arguments raised by Heath, 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 .
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Citator
Cited By
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Heath v. State of Fla. & Ronald Palmer Heath v. Sec'y, 426 So. 3d 1253 (Fla. 2026)…e decades since, Heath has unsuccessfully challenged his convictions and sentences in state and federal courts. See Heath v. State, 3 So. 3d 1017, 1021, 1035 (Fla. 2009) (affirming denial of initial motion for postconviction relief); Heath v. State, 237 So. 3d 931, 932 (Fla. 2018) (affirming denial of first successive motion for postconviction relief); Heath v. Tucker, No. 1:09-cv-00148-MCR, at *62 (N.D. Fla. Aug. 20, 2012) (denying federal habeas petition); Heath v. Sec'y, Fla. Dep't of Corr., 717 F.3d 1202,…
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)
- Heath v. State, 648 So. 2d 660 (Fla. 1994)
- Loud v. Lorie Davis, 138 S. Ct. 513 (U.S. 2017)
- Allen v. United States, 138 S. Ct. 513 (U.S. 2017)