Omar Blanco v. State of Florida
Omar Blanco v. State of Florida
Opinion
Omar Blanco, a prisoner under sentence of death, appeals the circuit court's orders summarily denying his fifth motion for postconviction relief, which was filed under Florida Rules of Criminal Procedure 3.851 and 3.203. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
In 1982, a jury convicted Blanco of first-degree murder and armed burglary. We affirmed Blanco's convictions and sentence of death on direct appeal.
Blanco v. State
,
In May 2015, Blanco filed his current fifth postconviction motion under Florida Rules of Criminal Procedure 3.851 and 3.203. Within his motion, Blanco sought relief based on
Hall v. Florida
, --- U.S. ----,
We conclude that Blanco's intellectual disability claim is foreclosed by the reasoning of this Court's decision in
Rodriguez
. In
Rodriguez
, this Court applied the time-bar contained within rule 3.203 to a defendant who sought to raise an intellectual disability claim under
Atkins
for the first time in light of
Hall
. We also conclude that Blanco's
Hurst
claim is foreclosed by this Court's decision in
Hitchcock
. In
Hitchcock
, this Court applied
Asay
to mean that
Ring v. Arizona
,
Any rehearing motion containing reargument will be stricken.
It is so ordered.
LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.
CANADY, C.J., concurs in result.
PARIENTE, J., concurs in result with an opinion.
PARIENTE, J., concurring in result.
I agree with the per curiam opinion's result because this Court's opinions regarding
Hurst
retroactivity are now final.
Hitchcock v. State
,
Blanco's second postconviction motion was filed during the federal habeas proceedings, but it was dismissed as moot when the federal court ordered resentencing.
Blanco's third postconviction motion was filed during the pendency of the resentencing proceedings. We affirmed.
Blanco v. State
,
While Blanco's postconviction case was pending in this Court, the Court temporarily relinquished jurisdiction for the circuit court to enter a written order on the
Hurst
-related claim contained within Blanco's amended postconviction motion. In May 2017, the circuit court issued an order on relinquishment summarily denying Blanco's
Hurst
claim in light of this Court's decision in
Asay v. State
,
Reference
- Full Case Name
- Omar BLANCO, Appellant, v. STATE of Florida, Appellee.
- Cited By
- 4 cases
- Status
- Published