Hitchcock v. StateAnnotate this Case
The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive postconviction motion for postconviction relief pursuant to Fla. R. Crim. P. 3.851. Appellant, a prisoner whose death sentence became final in 2000, argued that the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and the Florida Supreme Court’s decision on remand in Hurst v. State, 202 So. 3d 40 (Fla. 2016), rendered his death sentence unconstitutional. The circuit court concluded that the Supreme Court’s decision in Asay v. State, 210 So. 3d 1 (Fla. 2016), precluded relief because Appellant’s death sentence was final when the United States Supreme Court decided Ring v. Arizona, 536 U.S. 584 (2002). The Supreme Court affirmed, holding that Appellant’s arguments did not compel departing from precedent.