Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

Supreme Court of Florida

Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

217 So. 3d 1032, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954985, 2017 Fla. LEXIS 1054

CourtSupreme Court of Florida

DecidedMay 11, 2017

DocketSC17-440

StatusPublished

Cited by2 cases

This text of 217 So. 3d 1032 (Michael A. Hernandez, Jr. v. Julie L. Jones, etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michael A. Hernandez, Jr. v. Julie L. Jones, etc., 217 So. 3d 1032, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954985, 2017 Fla. LEXIS 1054 (Fla. 2017).

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Opinion

PER CURIAM.

Petitioner, Michael A. Hernandez, Jr., has filed a petition for writ of habeas corpus, challenging the constitutionality of his death sentence, which was based upon a nonunanimous jury recommendation. See Hernandez v. State, 4 So.3d 642, 654 (Fla. 2009). We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. Because Hernandez’s sentence became final after Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), he is entitled to relief. See Mosley v. State, 209 So.3d 1248 (Fla. 2016). Accordingly, we grant the petition, vacate the sentence of death, and remand this case for a new penalty phase proceeding.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur. CANADY, POLSTON, and LAWSON, JJ., dissent.

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PER CURIAM.

Petitioner, Michael A. Hernandez, Jr., has filed a petition for writ of habeas corpus, challenging the constitutionality of his death sentence, which was based upon a nonunanimous jury recommendation. See Hernandez v. State, 4 So.3d 642, 654 (Fla. 2009). We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. Because Hernandez’s sentence became final after Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), he is entitled to relief. See Mosley v. State, 209 So.3d 1248 (Fla. 2016). Accordingly, we grant the petition, vacate the sentence of death, and remand this case for a new penalty phase proceeding.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur. CANADY, POLSTON, and LAWSON, JJ., dissent.

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217 So. 3d 1032, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954985, 2017 Fla. LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-a-hernandez-jr-v-julie-l-jones-etc-fla-2017.

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