Ian Deco Lightbourne v. State of Florida
Ian Deco Lightbourne v. State of Florida
Opinion
*703 We have for review Ian Deco Lightbourne's appeal of the circuit court's order denying Lightbourne's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Lightbourne's motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
After reviewing Lightbourne's response to the order to show cause, as well as the State's arguments in reply, we conclude that our prior denial of Lightbourne's appeal from the circuit court's denial of his successive motion for postconviction relief raising similar claims is a procedural bar to the claims at issue in this appeal. All of Lightbourne's claims depend upon the retroactive application of
Hurst
, to which we have held he is not entitled.
See
Lightbourne
,
The Court having carefully considered all arguments raised by Lightbourne, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
CANADY, C.J., and LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
PARIENTE, J., concurring in result.
I agree with the per curiam opinion that we have formerly denied Lightbourne's claims to
Hurst
1
relief pursuant to
Hitchcock
,
2
which, of course, is now final. Nevertheless, as I have expressed several times, I would apply
Hurst
retroactively to Lightbourne's case.
See
Hitchcock
,
Hurst v. State
(
Hurst
),
Hitchcock v. State
,
Reference
- Full Case Name
- Ian Deco LIGHTBOURNE, Appellant, v. STATE of Florida, Appellee.
- Status
- Published