Mosley v. State
Annotate this CaseDefendant was convicted of two counts of first-degree murder for the deaths of his girlfriend and their infant son. Defendant was sentenced to death for the murder of his son and to life imprisonment for the murder of his girlfriend. The Supreme Court affirmed. Defendant filed a petition for postconviction relief pursuant to Fla. R. Crim. P. 3.851, raising eighteen claims. The postconviction court denied relief. Defendant appealed and also petitioned the Supreme Court for a writ of habeas corpus. The Supreme Court affirmed the postconviction court’s denial of relief for a new trial but granted Defendant a new penalty phase based on the United States Supreme Court’s decision in Hurst v. Florida and the Supreme Court’s decision in Hurst v. State, holding (1) Hurst applies retroactively to Mosley; and (2) under the circumstances of this case, a Hurst error occurred during the penalty phase, and the State failed to show beyond a reasonable doubt that the Hurst error was harmless.
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