Philmore v. State
Annotate this CaseThe Supreme Court affirmed the circuit court’s order denying Lenard James Philmore’s successive motion for postconviction relief under to Fla. R. Crim. P. 3.851 seeking 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). Philmore was sentenced to death following a jury’s unanimous recommendation for death. Philmore’s sentence of death became final on October 7, 2002. The postconviction court found that Hurst applied retroactively to Philmore’s sentence of death but that any Hurst error was harmless. The Supreme Court affirmed, holding that the Hurst error in Philmore’s case was harmless beyond a reasonable doubt and that Philmore was not entitled to relief on his other claims.
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