Kopsho v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree murder. The jury voted ten to two to impose the death sentence. The trial court sentenced Defendant to death. The Supreme Court affirmed. Defendant later filed a postconviction motion to vacate the judgment of conviction and sentence. The circuit court summarily denied Defendant’s postconviction motion. While Defendant’s appeal was pending, the United States Supreme Court issued its decision in Hurst v. Florida. The Supreme Court reversed the postconviction court’s order and remanded for a new penalty phase, holding that Defendant’s sentence was the result of a Hurst error, and the error was not harmless beyond a reasonable doubt.
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