Mosley v. State
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The Supreme Court held that John F. Mosley, who was resentenced to death for the murder of his ten-month-old son after a second penalty phase trial, was entitled to a new Spencer hearing and sentencing hearing but was not entitled to a new trial.
Mosley was convicted of two counts of first-degree murder and was sentenced to death. When Mosley sought postconviction relief, the Supreme Court decided that a new penalty phase was required under Hurst v. Florida, 577 U.S. 466 (2016). After a second penalty phase trial, the jury found that the aggravating factors were sufficient to impose the death penalty. Mosley filed a motion for a new penalty phase trial. Before the ensuing Spencer hearing, Mosley filed a motion to represent himself pro se. The trial court failed to address Mosley's motion and appointed a public defender as Mosley's appellate counsel. The Supreme Court vacated Mosley's death sentence and remanded for a new sentencing hearing, holding that the trial court abused its discretion by failing to address Mosley's motion to represent himself at his Spencer hearing.
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