Zack v. StateAnnotate this Case
Michael Duane Zack, III was found guilty of the sexual assault, robbery, and first-degree murder of Ravonne Smith. After a penalty phase hearing, the jury recommended a sentence of death by a vote of eleven to one. The trial court followed the jury’s recommendation. This appeal concerned Zack’s second successive postconviction motion in which he raised a claim of intellectual disability based on Hall v. Florida, 572 U.S. __ (2014). The trial court summarily denied the motion. Zack appealed the denial of postconviction relief and also petitioned for habeas corpus relief. The Supreme Court held (1) with regard to Zack’s postconviction motion, the trial court did not err in summarily denying Zack an evidentiary hearing on his intellectual disability claim and in determining that Defendant did not satisfy the subaverage intellectual functioning prong; and (2) Zack was not entitled to relief under Hurst v. State, 202 So. 3d 40 (Fla. 2016) because Hurst does not apply retroactively to cases, such as Zack’s, that were final before the Supreme Court decided Ring v. Arizona, 536 U.S. 582 (2002).