Anthony Mungin v. State of Florida, 259 So. 3d 716

Anthony Mungin was convicted of first-degree murder and sentenced to death; jury recommended death 7–5.
Direct appeal affirmed; death sentence became final in 1997.
Mungin filed a successive Rule 3.851 postconviction motion in 2017 seeking relief based on Hurst decisions.
The postconviction court summarily denied his Hurst-based motion; Florida Supreme Court stayed and then reviewed the appeal.
The Court concluded Hurst does not apply retroactively to Mungin’s final 1997 sentence and affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hurst v. Florida/Hurst v. State applies retroactively to Mungin’s 1997 final death sentence	Mungin: Hurst should apply, entitling him to relief (new penalty phase or reconsideration of sentence)	State: Hurst does not apply retroactively to cases with final sentences like Mungin’s	Court: Hurst does not apply retroactively to Mungin’s 1997 final sentence; denial affirmed
Whether the judge who denied relief should be disqualified	Mungin: sought disqualification of the judge	State: disqualification motion was untimely	Court: did not address disqualification because the motion was untimely

Mungin v. State, 689 So. 2d 1026 (Fla. 1995) (affirming conviction and death sentence)
Hurst v. Florida, 136 S. Ct. 616 (U.S. 2016) (holding Hurst rule that jury must find facts necessary for death sentence)
Hurst v. State, 202 So. 3d 40 (Fla. 2016) (Florida Supreme Court decision applying Hurst to state law)
Hitchcock v. State, 226 So. 3d 216 (Fla. 2017) (addressing Hurst retroactivity issues)
Asay v. State, 210 So. 3d 1 (Fla. 2016) (holding Hurst is not retroactive for certain final cases)
Mungin v. Florida, 522 U.S. 833 (U.S. 1997) (denial of certiorari; finality of sentence)