Bryan Fredrick Jennings v. State of Florida
Bryan Fredrick Jennings v. State of Florida
Opinion
*461 We have for review Bryan Fredrick Jennings' appeal of the postconviction court's order denying Jennings' motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Jennings' motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
The crimes underlying Jennings' convictions and sentence of death, at issue in this case, have been summarized as follows:
In the early morning hours of May 11, 1979, Rebecca Kunash was asleep in her bed. A nightlight had been left on in her room and her parents were asleep in another part of the house. The Defendant went to her window and saw Rebecca asleep. He forcibly removed the screen, opened the window, and climbed into her bedroom. He put his hand over her mouth, took her to his car and proceeded to an area near the Girard Street Canal on Merritt Island. He raped Rebecca, severely bruising and lacerating her vaginal area, using such force that he bruised his penis. In the course of events, he lifted Rebecca by her legs, brought her back over his head, and swung her like a sledge hammer onto the ground fracturing her skull and causing extensive damage to her brain. While she was still alive, Defendant took her into the canal and held her head under the water until she drowned. At the time of her death, Rebecca Kunash was six (6) years of age.
Jennings v. State
(
Jennings V
),
We further conclude that Jennings is not entitled to relief on his claim that he was denied due process by the substitution of judges on his case between the denial of his motion for postconviction relief and his motion for rehearing. This Court has explained that "[t]he essence of due process
*462
is that fair notice and a reasonable opportunity to be heard must be given to interested parties before judgment is rendered."
Scull v. State
,
Despite the change in judges, Jennings was given a meaningful opportunity to be heard before his motion for rehearing was denied.
See
Huff
,
CONCLUSION
For the reasons explained above, we affirm the postconviction court's order denying Jennings' successive motion for postconviction relief.
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 that Jennings' right to due process was not violated by the reassignment of judges, without notice, between the denial of his motion for postconviction relief and his motion for rehearing. I concur in result only as to the
Hurst
2
-related issue. While I recognize that this Court's opinion in
Hitchcock v. State
,
The Court having carefully considered all arguments raised by Jennings, we caution that any rehearing motion containing reargument of Hurst -related claims will be stricken.
Hurst v. State
(
Hurst
),
Reference
- Full Case Name
- Bryan Fredrick JENNINGS, Appellant, v. STATE of Florida, Appellee.
- Cited By
- 2 cases
- Status
- Published