Foster v. State
Annotate this CaseThe Supreme Court affirmed the circuit court’s order denying Kevin Don Foster’s motion filed under Fla. R. Crim. P. 3.851, holding that Foster was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Foster was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Foster’s sentence of death became final in 2001. The Supreme Court held that Hurst did not apply retroactively to Foster’s sentence of death and thus affirmed the denial of Foster’s motion.
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