Latest Case: Hojan v. State (Criminal Law)

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Hojan v. State

Docket: SC18-2149

Opinion Date: December 3, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's two sentences of death imposed during a resentencing that the Supreme Court ordered as a result of a Hurst v. State, 202 So. 3d 40 (Fla. 2016), error, holding that Defendant was not entitled to relief on his claims. Defendant was convicted of two counts of first-degree murder and other crimes and sentenced by a jury to death. The Supreme Court affirmed. Defendant later filed a motion for postconviction relief, which the circuit court denied. The Supreme Court vacated Defendant's death sentences due to Hurst error. At the conclusion of a new penalty phase trial, the resentencing jury voted to recommend that Defendant be sentenced to death for both of his murder convictions. The trial court followed the resentencing jury's recommendation and sentenced Defendant to death as to both counts. The Supreme Court affirmed, holding (1) even assumed that the trial court erred by limiting the scope of voir dire by restricting Defendant's use of a hypothetical question, any error was harmless; and (2) the trial court's other rulings with respect to voir dire were not improper.