Kocaker v. StateAnnotate this Case
The Supreme Court affirmed the order of the circuit court dismissing in part, denying in part, and granting in part Genghis Nicholas Kocaker's initial motion to vacate his conviction of first-degree murder and sentence of death and denied Kocaker's petition for a writ of habeas corpus, holding that the circuit court did not err and that Kocaker was not entitled to habeas relief.
Kocaker was convicted of first-degree murder and sentenced to death. Kocaker later filed a Fla. R. Crim. P. 3.851 motion to vacate his conviction and sentence, asserting, among other things, entitlement to relief under Hurst v. State, 202 So. 3d 40 (Fla. 2016), because the jury's recommendation of death in his case was nonunanimougs. The State conceded that claim, vacated Kocaker's sentence, and summarily denied or dismissed Kocaker's remaining claims, either for mootness or on the merits. Kocaker appealed and also filed a petition for habeas corpus. The Supreme Court affirmed, holding (1) the circuit court did not err in finding Kocaker competent to proceed in postconviction; (2) the circuit court correctly denied Kocaker's ineffective assistance of counsel claims and Brady claim; and (3) Kocaker was not entitled to habeas corpus relief.