FLORIDA, PETITIONER,

v.

TIMOTHY LEE HURST.

Citator

Cited By (196 total)

• Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
  …application of the right to a unanimous jury recommendation for death announced in Hurst under the Eighth Amendment to the United States Constitution. See Hurst v. State (Hurst), 202 So. 3d 40, 44 (Fla. 2016), cert. denied. — U.S. -, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Hitchcock also contends that denying retroactive application of Hurst to him and other similarly situated defendants violates their constitutional right to due process. Contrary to the majority’s assertion, these issues were -not specifica…

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• Asay v. State, 224 So. 3d 695 (Fla. 2017)
  …death sentences. However, these claims are, in essence, an Eighth Amendment attack on his sentences based on the nonunanimous verdicts using this Court’s decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, — U.S. —, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017) and the Legislature’s revision of section 921.121, Florida Statutes, in response to this Court’s decision in Perry v. State, 210 So. 3d 630 (Fla. 2016). In other words, Asay asserts that his death sentences cannot withstand Eighth Amendment s…

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• Bessman Okafor v. State, 225 So. 3d 768 (Fla. 2017)
  …nstitutional in light of the United States Supreme Court’s decision in Hurst v. Florida, — U.S. —, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and this Court’s decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, — U.S. —, 137 S.Ct. 2161, 198 L.Ed.2d 246, 2017 WL 635999 (2017). We agree. See Franklin v. State, 209 So. 3d 1241, 1248 (Fla. 2016) (citing Hurst, 202 So. 3d at 41). We explained in Hurst “that the Supreme Court’s decision in Hurst v. Florida requires that all the critical findings necessa…

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