Hutchinson v. State
Annotate this CaseThe Supreme Court affirmed the order of the circuit court summarily denying Appellant’s motion to vacate a judgment of conviction of first-degree murder and a sentence of death filed under Fla. R. Crim. P. 3.851. In his successive postconviction motion, Appellant, who was convicted of four counts of first-degree murder with a firearm, sought relief under Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016). In its answer, the State asserted that the motion should be summarily denied because Appellant waived his rights to Hurst relief when he waived his penalty phase jury. The circuit court summarily denied the motion. The Supreme Court affirmed, holding that Appellant was not entitled to postconviction relief in light of this Court’s decisions in Brant v. State, 197 So. 3d 1051 (Fla. 2016), and Mullens v. State, 197 So. 3d 16 (Fla. 2016).
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