Bailey v. JonesAnnotate this Case
The Supreme Court granted Petitioner’s petition for a writ of habeas corpus, vacated Petitioner’s death sentence, and remanded to the circuit court for a new penalty phase. In his habeas petition, Petitioner sought relief under Hurst v. Florida, 477 U.S. __ (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016). The Supreme Court granted relief, holding (1) because the jury in Petitioner’s case recommended the death penalty by a vote of eleven to one, Petitioner’s death sentence violated Hurst; and (2) because it cannot be said that there is no reasonable possibility that the error did not contribute to the sentence, the Hurst error in Petitioner’s sentencing was not harmless beyond a reasonable doubt.