Walton v. State, SC16–448
Citation | 246 So.3d 246 |
Decision Date | 17 May 2018 |
Docket Number | No. SC16–448,No. SC17–1083,SC16–448,SC17–1083 |
Parties | Jason Dirk WALTON, Appellant, v. STATE of Florida, Appellee. Jason Dirk Walton, Petitioner, v. Julie L. Jones, etc., Respondent. |
Court | United States State Supreme Court of Florida |
Neal Dupree, Capital Collateral Regional Counsel, and Bryan E. Martinez, Staff Attorney, Southern Region, Fort Lauderdale, Florida; and Martin J. McClain of McClain & McDermott, P.A., Wilton Manors, Florida, for Appellant/Petitioner
Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Timothy A. Freeland, Senior Assistant Attorney General, Tampa, Florida, for Appellee/Respondent
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 deny Walton's petition for writ of habeas corpus.
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 ), 634 So.2d 1059, 1060 (Fla. 1993).
Walton v. State (Walton VII ), 77 So.3d 639, 640–41 (Fla. 2011). In 2010, Walton filed a second successive motion for postconviction relief pursuant to rule 3.851. Id. at 641. The postconviction court denied Walton's motion. See id. at 642. This Court affirmed the order of the postconviction court. Id. at 644.
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,2 asserting that changes in Florida's capital sentencing law are part of the cumulative review of newly discovered evidence. On January 13, 2017, the postconviction court denied Walton's motion. This appeal follows.
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 , 226 So.3d 216 (Fla.), cert. denied , ––– U.S. ––––, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), does not control.
We affirm the postconviction court's denial of relief for the reasons discussed below.
Walton contends that a proper Swafford3 / Hildwin4 cumulative analysis requires consideration of all changes in the law that might apply if a new trial were granted. We find this claim to be meritless.
Swafford , 125 So.3d at 767–68 (alteration in original) (quoting Marek v. State , 14 So.3d 985, 990 (Fla. 2009) ).
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 , 709 So.2d at 521 .
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." Id. (citing Jones I , 591 So.2d at 911, 915 ). The postconviction court found that Walton failed to show that the resentencing of his codefendant, Cooper, to a life sentence would probably result in a life sentence for Walton on retrial. Walton contends that the postconviction court erred because a proper cumulative analysis, as performed in Swafford and Hildwin , requires consideration of changes in the law. Walton asserts that his newly discovered evidence, considered together with the changes to Florida's capital sentencing law, i.e., Hurst , would probably result in him receiving a life sentence; thus he is entitled to resentencing.
As an initial matter, this Court has consistently applied its decision in Asay v. State (Asay V ), 210 So. 3d 1 (Fla. 2016), cert. denied , ––– U.S. ––––, 138 S.Ct. 41, 198 L.Ed.2d 769 (2017), denying the retroactive application of Hurst v. Florida , ––– U.S. ––––, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), as interpreted in Hurst , to defendants whose death sentences were final when the Supreme Court decided Ring . See, e.g. , Hitchcock , 226 So.3d at 217 ; Zack v. State , 228 So.3d 41, 47–48 (Fla. 2017), petition for cert. filed , No. 17–8134 (U.S. Mar. 12, 2018); Marshall v. Jones , 226 So.3d 211, 211 (Fla. 2017), ...
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