Andrew Richard Allred v. State of Florida
230 So. 3d 412
| Fla. | 2017Background
- In 2008 Andrew Allred pleaded guilty to two counts of first-degree premeditated murder and waived his right to a jury for the penalty phase; the trial court imposed death sentences for both murders after a bench penalty trial and Spencer hearing.
- This Court affirmed Allred’s convictions and death sentences on direct appeal.
- Allred’s initial postconviction motion was denied and that denial was affirmed by this Court.
- In January 2017 Allred filed a first successive 3.851 motion asserting Hurst-based claims (challenging Florida’s death-penalty factfinding after Hurst decisions).
- The circuit court summarily denied the successive motion in April 2017; Allred appealed to the Florida Supreme Court.
- The Florida Supreme Court affirmed, relying on its Mullens line of precedent that bars Hurst relief for defendants who validly waived a penalty-phase jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hurst-based relief is available to a defendant who waived a penalty-phase jury | Allred argued Hurst (and Hurst v. State) undermines the constitutionality of his death sentences and entitles him to relief despite his waiver | State argued Allred waived jury factfinding and Mullens and related precedent bar Hurst relief when a defendant validly waived a penalty-phase jury | Court held Mullens controls: waiver precludes Hurst relief; affirmed summary denial |
| Whether Allred’s successive motion warranted merits review or could be summarily denied | Allred contended his successive 3.851 raised cognizable Hurst-based claims requiring consideration | State urged summary denial under controlling case law and procedural bars; no departure from precedent warranted | Court held summary denial appropriate; no basis to depart from precedent; affirmed |
Key Cases Cited
- Hurst v. Florida, 136 S. Ct. 616 (2016) (U.S. Supreme Court decision invalidating Florida’s capital sentencing scheme requiring judge, not jury, to find facts necessary for death)
- Hurst v. State, 202 So. 3d 40 (Fla. 2016) (Florida Supreme Court interpreting Hurst and its impact on Florida death-penalty procedure)
- Mullens v. State, 197 So. 3d 16 (Fla. 2016) (holding defendants who waived a penalty-phase jury cannot obtain Hurst-based relief)
- Allred v. State, 55 So. 3d 1267 (Fla. 2010) (affirming Allred’s convictions and death sentences on direct appeal)
- Spencer v. State, 615 So. 2d 688 (Fla. 1993) (procedural context for penalty-phase evidence and sentencing proceedings)