Belcher v. Jones
Supreme Court of Florida
Belcher v. Jones, 228 So. 3d 530 (Fla. 2017)
2017 WL 4984964
Canady, Labarga, Lawson, Lewis, Pariente, Polston, Quince
Belcher v. Jones
Concurring Opinion
concurring specially.
See Okafor v. State, 225 So.3d 768, 776 (Fla. 2017) (Lawson, J., concurring specially).
Opinion of the Court
Petitioner James Bernard Belcher 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 Belcher v. State, 851 So.2d 678 (Fla. 2003). We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. Because Belcher’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.
Reference
- Full Case Name
- James Bernard BELCHER v. Julie L. JONES, etc.
- Status
- Published