Robinson v. State

The Supreme Court affirmed the order of the circuit court denying Appellant’s successive motion for postconviction relief, holding that Mullens v. State, 197 So. 3d 16 (Fla. 2016) controlled the outcome of this case.Appellant pleaded guilty to first-degree murder and, after a second penalty phase, was sentenced to death. The Supreme Court affirmed. Appellant later filed a successive motion to vacate his sentence of death pursuant to Fla. R. Crim. P. 3.851. The postconviction court summarily denied the motion. The Supreme Court affirmed, holding (1) Appellant was not entitled to retroactive application of Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), because his conviction and sentence became final more than two years before Ring was issued; and (2) Appellant’s claim regarding his right to a penalty-phase jury was procedurally barred because it should have been raised on direct appeal. View "Robinson v. State" on Justia Law