RANDALL SCOTT JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Randall Scott Jones sought postconviction relief under Hurst v. Florida, arguing that his 1993 death sentences imposed based on a non-unanimous jury recommendation (10-2) should be vacated. The Florida Supreme Court affirmed the denial of relief, holding that Hurst does not apply retroactively to sentences that became final before Hurst was decided.
Hurst does not apply retroactively to Jones's sentences of death because they became final in 1993, before Hurst was decided. Therefore, Jones is not entitled to postconviction relief based on the non-unanimous jury recommendation.
[1] The Supreme Court's decision in Hurst v. …
[2] A defendant is not entitled to postconviction relief based on Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Jones's sentences of death.”
Establishes the core holding that Hurst does not apply retroactively to sentences that became final before the Hurst decision.
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Join FLexlaw to unlock all legal intelligenceJones was convicted of two counts of first-degree murder and sentenced to death on both counts following jury recommendations for death by a vote of 1…
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We have for review Randall Scott Jones's appeal of the postconviction court's order denying Jones's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
*804Jones'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). Jones responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), should not be dispositive in this case.
After reviewing Jones's response to the order to show cause, as well as the State's arguments in reply, we conclude that Jones is not entitled to relief. Jones was convicted of two counts of first-degree murder and sentenced to death on both counts following the jury's recommendation for death for both murders by a vote of 10-2.1 Jones's sentences of death became final in 1993. Jones v. Florida , 510 U.S. 836, 114 S.Ct. 112, 126 L.Ed.2d 78 (1993). Thus, Hurst does not apply retroactively to Jones's sentences of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the postconviction court's order denying relief.
The Court having carefully considered all arguments raised by Jones, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
CANADY, C.J., concurs 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, as I have continuously explained, I would apply Hurst2 retroactively to cases like Jones's. See Hitchcock , 226 So.3d at 220-21 (Pariente, J., dissenting). Applying Hurst to Jones's case, I would grant a new penalty phase based on the jury's nonunanimous recommendation for death by a vote of 10-2. Per curiam op. at 804 & note 1.
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)
- Jones v. State, 569 So. 2d 1234 (Fla. 1990)