Walton v. State
Walton v. State
Opinion of the Court
This case is before the Court on appeal by Jason Walton from an order denying a motion to vacate sentences of death under Florida Rule of Criminal Procedure 3.851. Walton also petitions this Court for writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the postconviction court's denial of relief and *248deny Walton's petition for writ of habeas corpus.
FACTUAL AND PROCEDURAL BACKGROUND
Walton was convicted and sentenced to death for the execution-style murders of three individuals that occurred during the commission of a robbery and burglary. Walton v. Dugger (Walton IV ),
On direct appeal, this Court affirmed the convictions but vacated the death sentences because the trial court failed to afford Walton an opportunity to confront two codefendants whose confessions and statements were presented during the penalty phase. See [ Walton v. State (Walton I ),481 So.2d 1197 ,] 1198-1201 [ (Fla. 1985) ]. The trial court conducted a second penalty phase and the jury again recommended death on all three convictions. See Walton v. State [ (Walton II ) ],547 So.2d 622 , 623 (Fla. 1989).[1 ] The trial court again imposed the death penalty on all three convictions, and this Court affirmed those sentences on appeal. Seeid. at 626 . The United States Supreme Court denied certiorari review. See Walton v. Florida [ (Walton III ) ],493 U.S. 1036 ,110 S.Ct. 759 ,107 L.Ed.2d 775 (1990).
Walton filed his initial postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850, in which he alleged that trial counsel was ineffective. See Walton [IV ], 634 So. 2d [at] 1060-61.... After an evidentiary hearing, the trial court denied the motion. Seeid. Walton appealed that denial to this Court and petitioned for a writ of habeas corpus. Seeid. This Court initially relinquished jurisdiction to the trial court for resolution of a public records request by Walton. See id. at 1062. On remand, Walton amended his previously filed rule 3.850 motion to add claims based upon information discovered in the public records and newly adduced evidence. See Walton v. State [ (Walton V ) ],847 So. 2d 438 , 442-43 (Fla. 2003). One such claim was that trial counsel was ineffective for failure to adequately investigate and prepare for trial. Seeid. at 442 n.2. The trial court again denied all of Walton's claims. Seeid. at 443 . Walton appealed that denial to this Court and again petitioned this Court for a writ of habeas corpus. Seeid. This Court affirmed the denial of Walton's postconviction motion and denied habeas relief. Seeid. at 460 . [This Court] also denied a subsequent petition for a writ of habeas corpus filed by Walton pursuant to Ring v. Arizona ,536 U.S. 584 ,122 S.Ct. 2428 ,153 L.Ed.2d 556 (2002). See Walton v. Crosby ,859 So.2d 516 (Fla. 2003).
Walton thereafter filed a successive postconviction motion pursuant to Florida Rule of Criminal Procedure 3.851. See Walton v. State [ (Walton VI ) ],3 So.3d 1000 , 1002 (Fla. 2009). The trial court summarily denied relief. Seeid. at 1002 . Walton appealed that denial to this Court, and this Court affirmed the order of the postconviction court. Seeid.
Walton v. State (Walton VII ),
On May 7, 2015, Walton filed a third successive postconviction motion asserting that he should either be resentenced to life or receive a new penalty phase due to the fact that his codefendant, Richard Cooper, was resentenced to life based on a cumulative review of the evidence. On December 28, 2015, the postconviction court denied Walton's motion. On March 7, 2016, Walton filed a notice of appeal to this Court. On September 16, 2016, this Court relinquished jurisdiction to allow for rehearing. On October 4, 2016, the postconviction court granted rehearing.
On June 20, 2016, Walton filed a fourth successive postconviction motion,
Additionally, on June 8, 2017, Walton filed a petition for habeas relief. This Court stayed the proceedings on September 15, 2017, and then, on September 27, 2017, issued an order for Walton to show cause why Hitchcock v. State ,
ANALYSIS
We affirm the postconviction court's denial of relief for the reasons discussed below.
Walton's Cumulative Analysis Claim
Walton contends that a proper Swafford
To obtain a new trial based on newly discovered evidence, a defendant must meet two requirements. First, the evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence. Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial. See Jones v. State ,709 So.2d 512 , 521 (Fla. 1998) ( Jones II ). Newly discovered evidence satisfies the second prong of the Jones II test if it "weakens the case against [the defendant] so as to give rise to a reasonable doubt as to his culpability." Jones II ,709 So.2d at 526 (quoting Jones v. State ,678 So.2d 309 , 315 (Fla. 1996) ). If the defendant is seeking to vacate a sentence, the second prong requires that the newly discovered evidence would probably yield a less severe sentence. See Jones v. State ,591 So.2d 911 , 915 (Fla. 1991) ( Jones I ).
In determining whether the evidence compels a new trial, the postconviction court must "consider all newly discovered evidence which would be admissible" and must "evaluate the weight of both the newly discovered evidence and the evidence which was introduced at the trial."Id. at 916 . This determination includes *250whether the evidence goes to the merits of the case or whether it constitutes impeachment evidence. The trial court should also determine whether this evidence is cumulative to other evidence in the case. The trial court should further consider the materiality and relevance of the evidence and any inconsistencies in the newly discovered evidence.
Jones II ,709 So.2d at 521 (citations omitted).
When ... the postconviction court rules on a newly discovered evidence claim after an evidentiary hearing, this Court "review[s] the trial court's findings on questions of fact, the credibility of witnesses, and the weight of the evidence for competent, substantial evidence." Green v. State ,975 So.2d 1090 , 1100 (Fla. 2008). In addition, "we review the trial court's application of the law to the facts de novo."Id.
Swafford , 125 So.3d at 767-68 (alteration in original) (quoting Marek v. State ,
As to the first prong of the newly discovered evidence test, the postconviction court found that the resentencing of codefendant Cooper qualified as newly discovered evidence. We conclude that the postconviction court's finding is supported by competent, substantial evidence. See Jones II ,
The second prong of the newly discovered evidence test requires that "the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial."
As an initial matter, this Court has consistently applied its decision in Asay v. State (Asay V ),
Turning to what may be considered within a cumulative analysis, this Court stated in Swafford :
The Jones standard requires that, in considering the effect of the newly discovered evidence, we consider all of the admissible evidence that could be introduced at a new trial. Jones II ,709 So.2d at 521 . In determining the impact of the newly discovered evidence, the Court must conduct a cumulative analysis of all the evidence so that there is a "total picture" of the case and "all the circumstances of the case." Lightbourne v. State ,742 So.2d 238 , 247 (Fla. 1999) (quoting Armstrong v. State ,642 So.2d 730 , 735 (Fla. 1994) ).
Swafford , 125 So.3d at 775-76. This Court did not consider any change in law within Swafford . See generally id. In Swafford , this Court reviewed an appeal from a postconviction court's finding that newly discovered negative acid phosphatase
Neither did this Court consider any changes in law while performing a cumulative analysis in Hildwin . See generally
Thus in neither Swafford nor Hildwin did this Court hold that a cumulative analysis requires consideration of changes in the law that might apply if a new trial were granted. See generally Swafford ,
Yet Walton contends that he satisfies the second prong of the newly discovered evidence standard because it is probable that a resentencing jury will not unanimously return death recommendations, and thus, it is probable that life sentences will be imposed. Clearly, Walton is attempting to circumvent this Court's retroactivity holding in Asay V when he asserts that Hurst constitutes a newly discovered fact and is applicable through a cumulative analysis. Thus we conclude that Walton's attempt to shoehorn Hurst retroactivity through a newly discovered evidence claim is meritless. Accordingly, we hold that the postconviction court properly denied Walton's motion.
Walton's McCloud
In Walton's third successive postconviction motion he asserted that he is entitled to a life sentence because his sentences of death are disproportionate to the life sentences imposed on all of his codefendants. The postconviction court found that the life sentences of Walton's two other codefendants, Terry Van Royal, Jr. and Jeffrey McCoy, were irrelevant with regard to proportionality because Van Royal was resentenced to life based on a legal error by the trial judge and McCoy received a life sentence as part of a negotiated plea. Walton now contends that the postconviction court's reasoning is contrary to McCloud . However, McCloud is inapposite because Walton's codefendants received lesser sentences due to purely legal reasons. See Walton II ,
Walton's HurstClaims
Walton also raises several Hurst claims,
*253Willacy ,
This Court has previously rejected Eighth Amendment Hurst claims. See Hannon v. State ,
Walton's Habeas Claim
Walton's petition sought relief pursuant to the Supreme Court's decision in Hurst v. Florida , and our decision on remand in Hurst . This Court stayed Walton's appeal pending the disposition of Hitchcock . After this Court decided Hitchcock , Walton responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case. After reviewing Walton's response to the order to show cause, as well as the State's arguments in reply, we conclude that Walton is not entitled to relief. Walton's death sentences became final in 1990. Walton III ,
CONCLUSION
For the reasons discussed, we affirm the postconviction court's denial of Walton's motion for postconviction relief and deny his petition for writ of habeas corpus.
It is so ordered.
LABARGA, C.J., and LEWIS, POLSTON, and LAWSON, JJ., concur.
PARIENTE and CANADY, JJ., concur in result.
QUINCE, J., recused.
The trial judge found the following aggravating factors:
(1) the murders were committed during the commission of a robbery and burglary; (2) the murders were committed for pecuniary gain; (3) the murders were committed in an especially heinous, atrocious, or cruel fashion; (4) the murders were committed in a cold, calculated, and premeditated manner; and (5) the murders were committed for the purpose of avoiding a lawful arrest. The trial judge noted that the first two aggravating circumstances would be considered as one. The trial judge found no mitigating factors and imposed the death sentence.
Walton II ,
Walton's fourth successive postconviction motion reasserted, in part, Walton's third successive postconviction motion arguments in light of Hurst v. State ,
Swafford v. State ,
Hildwin v. State ,
Acid phosphatase is commonly found in seminal fluid. See Swafford ,
McCloud v. State ,
Walton claims that: (1) his death sentences violate the Eighth Amendment and the Florida Constitution; and (2) the retroactivity rulings in Asay V and Mosley v. State ,
The Supreme Court denied certiorari review on August 24, 2017. See Asay v. Florida , --- U.S. ----,
Reference
- Full Case Name
- Jason Dirk WALTON v. STATE of Florida, Jason Dirk Walton v. Julie L. Jones, etc.
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- 13 cases
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