ERNEST SUGGS v. JULIE JONES ETC

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Supreme Court of Florida.

ERNEST D. SUGGS Petitioner(s) v. JULIE L. JONES, ETC. Respondent(s)

CASE NO.: SC16-1066

Decided: March 17, 2017

Ernest D. Suggs is a prisoner under sentence of death whose death sentence became final in 1995. See Suggs v. State, 644 So. 2d 64 (Fla. 1994), cert. denied, 514 U.S. 1083 (1995). Following the United States Supreme Court's decision in Hurst v. Florida, 136 S. Ct. 616 (2016), Suggs filed a successive petition for a writ of habeas corpus wherein he challenges the validity of his death sentence. We hereby deny Suggs' 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.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

PARIENTE, J., concurring in result.

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:

DAWN B. MACREADY

BERDENE BEVIONE BECKLES

STACY R. BIGGART

HON. ALEX ALFORD, CLERK

JOSHUA ALLAN MITCHELL

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

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