Card v. Jones
Annotate this CaseThe Supreme Court held that Petitioner, whose sentence of death was recommended by his penalty phase jury after a vote of eleven to one, was entitled to relief under Hurst v. State and Hurst v. Florida. The Court granted Petitioner’s petition for habeas corpus, vacated his death sentence, and remanded the matter to the circuit court for a new penalty phase, determining (1) Hurst applied retroactively to Petitioner, whose sentence became final four days after the United States Supreme Court issued its opinion in Ring v. Arizona; and (2) the Hurst error in Petitioner’s penalty phase proceeding was not harmless beyond a reasonable doubt.
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