ROBIN LEE ARCHER v. JULIE JONES ETC (2017)

Robin Lee Archer is a prisoner under sentence of death whose death sentence became final in 1996. See Archer v. State, 673 So. 2d 17 (Fla. 1996), cert. denied, 519 U.S. 876 (1996). Following the United States Supreme Court's decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this Court's decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), Archer filed a successive petition for a writ of habeas corpus wherein he challenges the validity of his death sentence. We hereby deny Archer's petition pursuant to our holding in Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016), that Hurst v. Florida and Hurst v. State do not apply retroactively to capital defendants whose death sentences were final when Ring v. Arizona, 536 U.S. 584 (2002), was decided.

I concur in result because I am bound by this Court's precedent from Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016), which is now final. However, as I explained in my concurring in part and dissenting in part opinion in Asay, I would not deny retroactive application of Hurst to the defendant.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

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Served:

BILLY HORATIO NOLAS

CHRISTINA Z. PACHECO

CINDY A. LAQUIDARA

CHARMAINE MILLSAPS

MARTIN J. MCCLAIN

WILLIAM ALVA VANNORTWICK, JR.

CARRIE ANN WOZNIAK

HON. PAM CHILDERS, CLERK

LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur. PARIENTE, J., concurs in result with an opinion. LEWIS and CANADY, JJ., concur in result.