Patrick v. StateAnnotate this Case
The Supreme Court affirmed in part and reversed in part the postconviction court’s denial of Eric Kurt Patrick’s motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and granted Patrick’s petition for writ of habeas corpus, which raised a valid claim under Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016).
In 2009, Patrick was convicted of kidnapping, robbery, and first-degree murder. Patrick’s jury recommended a death sentence by a vote of seven to five. The trial court followed the jury’s recommendation. The Supreme Court affirmed. Thereafter, Patrick filed his motion for postconviction relief and then amended his motion to add a Hurst v. Florida claim. The postconviction court denied the motion in its entirety. As to the Hurst v. Florida claim, the postconviction court noted that the Supreme Court had not yet determined whether the holding would have retroactive effect. Patrick appealed and filed a petition for writ of habeas corpus, requesting relief under Hurst v. Florida and Hurst. The Supreme Court vacated Patrick’s death sentence and granted Patrick a new penalty phase under Hurst v. Florida and Hurst in accordance with his petition for writ of habeas corpus, holding that the Hurst error in Patrick’s sentencing was not harmless beyond a reasonable doubt.