Crain v. State
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The Supreme Court affirmed the order of the postconviction court denying Appellant’s successive motion for postconviction relief seeking relief based on Hurst v. Florida, 136 S. Ct. 616 (2016), Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), and Perry v. State, 210 So. 3d 630 (Fla. 2016).
Appellant was convicted of first-degree murder and kidnapping with intent to commit or facilitate the commission of a homicide. The jury unanimously recommended death. On direct appeal, the Supreme Court affirmed Appellant’s first-degree murder conviction but reversed the judgment of guilt of kidnapping and remanded for entry of judgment for false imprisonment. Appellant’s sentence of death became final in 2005. On appeal from the denial of his postconviction motion, Appellant argued that the Hurst error in his case was not harmless beyond a reasonable doubt even where the jury unanimously recommended death. The Supreme Court disagreed, holding that the Hurst error in Appellant’s case was harmless beyond a reasonable doubt.
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