Foster v. State
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The Supreme Court affirmed the circuit court’s order denying Appellant’s successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that the circuit court did not err in summarily denying relief.
Appellant was convicted of first-degree murder. The jury recommended death by a vote of nine to three. Appellant later filed a successive motion for postconviction relief arguing that the jury did not find all of the elements required to convicted him of “capital first-degree murder” and that his age of eighteen years old at the time of the murder should preclude the imposition of the death penalty. The trial court summarily denied relief. The Supreme Court affirmed, holding (1) Appellant’s guilt-phase jury considered all of the elements necessary to convict him of first-degree murder, a capital felony; and (2) Appellant was not entitled to relief on his claim that evolving standards of decency render his death sentence invalid under the Eighth Amendment.
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