ANDREW RICHARD LUKEHART v. JULIE JONES ETC

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Supreme Court of Florida.

ANDREW RICHARD LUKEHART Petitioner(s) v. JULIE L. JONES, ETC. Respondent(s)

CASE NO.: SC16-1225

Decided: March 17, 2017

Andrew Lukehart is a prisoner under sentence of death. See Lukehart v. State, 776 So. 2d 906 (Fla. 2000), cert. denied, 533 U.S. 934 (2001). Following the United States Supreme Court's decision in Hurst v. Florida, 136 S. Ct. 616 (2016), Lukehart filed a successive petition for a writ of habeas corpus wherein he challenges the validity of his death sentence. We hereby deny Lukehart's petition pursuant to our holding in Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016), that Hurst v. Florida does not apply retroactively to capital defendants whose 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

cd

Served:

MICHAEL PAUL REITER

CHARMAINE MILLSAPS

HON. RONNIE FUSSELL, CLERK

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

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