Franqui v. State
Annotate this CaseDefendant was sentenced to death for the murder of Raul Lopez and separately sentenced to death for the murder of law enforcement officer Steven Bauer. The Supreme Court affirmed in both cases. During the postconviction proceedings in both cases, Defendant alleged that he was intellectually disabled and therefore could not be executed pursuant to Atkins v. Virginia. The circuit courts denied Defendant’s intellectual disability claims. The Supreme Court affirmed. Thereafter, the United States Supreme Court held that the Supreme Court’s interpretation in Cherry of Florida’s intellectual disability statute was unconstitutional. Defendant filed successive motions for postconviction relief, arguing that the Florida Supreme court’s prior rejections of his claims were based on Cherry, an interpretation of the intellectual disability statute that the United States Supreme Court found unconstitutional in Hall v. Florida, and asserting that he was entitled to an additional evidentiary hearing on his claim. The circuit court summarily denied both motions. The Supreme Court remanded both cases to the circuit court for a single evidentiary hearing, holding that Defendant was entitled to an evidentiary hearing on his intellectual disability claim pursuant to Hall.
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