Justia Criminal Law Opinion Summaries

The Supreme Court affirmed the circuit court’s order denying Guy R. Gamble’s motion filed under Fla. R. Crim. P. 3.851, holding that Gamble was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Gamble was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Gamble’s sentence of death became final in 1996. The Supreme Court held that Hurst did not apply retroactively to Gamble’s sentence of death and thus affirmed the denial of Gamble’s motion. View "Gamble v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Guy R. Gamble’s motion filed under Fla. R. Crim. P. 3.851, holding that Gamble was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Gamble was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Gamble’s sentence of death became final in 1996. The Supreme Court held that Hurst did not apply retroactively to Gamble’s sentence of death and thus affirmed the denial of Gamble’s motion. View "Gamble v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Brandy Bain Jennings’ motion filed under Fla. R. Crim. P. 3.851, holding that Jennings was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Jennings was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Jennings’ sentence of death became final in 1999. The Supreme Court held that Hurst did not apply retroactively to Jennings’ sentence of death and thus affirmed the denial of Jennings’ motion. View "Jennings v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Brandy Bain Jennings’ motion filed under Fla. R. Crim. P. 3.851, holding that Jennings was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Jennings was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Jennings’ sentence of death became final in 1999. The Supreme Court held that Hurst did not apply retroactively to Jennings’ sentence of death and thus affirmed the denial of Jennings’ motion. View "Jennings v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Konstantinos X. Fotopoulos’s motion filed under Fla. R. Crim. P. 3.851, holding that Fotopoulos was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Fotopoulos was convicted of two counts of first degree murder and was sentenced to death following a jury’s recommendation of death for both murders by a vote of eight to four. Fotopoulos’s sentences of death became final in 1993. The Supreme Court held that Hurst did not apply retroactively to Fotopoulos’s sentences of death and thus affirmed the denial of Fotopoulos’s motion. View "Fotopoulos v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Konstantinos X. Fotopoulos’s motion filed under Fla. R. Crim. P. 3.851, holding that Fotopoulos was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Fotopoulos was convicted of two counts of first degree murder and was sentenced to death following a jury’s recommendation of death for both murders by a vote of eight to four. Fotopoulos’s sentences of death became final in 1993. The Supreme Court held that Hurst did not apply retroactively to Fotopoulos’s sentences of death and thus affirmed the denial of Fotopoulos’s motion. View "Fotopoulos v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Kevin Don Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Foster was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Foster’s sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Foster’s sentence of death and thus affirmed the denial of Foster’s motion. View "Foster v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Kevin Don Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Foster was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Foster’s sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Foster’s sentence of death and thus affirmed the denial of Foster’s motion. View "Foster v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Charles Kenneth Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Foster was sentenced to death following a jury’s recommendation for death by a vote of eight to four. Foster’s sentence of death became final in 1995. The Supreme Court held that Hurst did not apply retroactively to Foster’s sentence of death and thus affirmed the denial of Foster’s motion. View "Foster v. State" on Justia Law

The Supreme Court affirmed the circuit court’s order denying Charles Kenneth Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Foster was sentenced to death following a jury’s recommendation for death by a vote of eight to four. Foster’s sentence of death became final in 1995. The Supreme Court held that Hurst did not apply retroactively to Foster’s sentence of death and thus affirmed the denial of Foster’s motion. View "Foster v. State" on Justia Law