& SC15-767 Lancelot Uriley Armstrong v. State of Florida & Lancelot Uriley Armstrong v. Julie L. Jones, etc., 209 So. 3d 568

William Kopsho was convicted of first-degree murder; at penalty phase the jury recommended death by a 10–2 vote and the trial court sentenced him to death.
On direct appeal this Court affirmed the conviction and death sentence.
Kopsho filed a Rule 3.851 postconviction motion in 2014; the circuit court summarily denied relief in March 2015.
While Kopsho’s postconviction appeal was pending, this Court decided Hurst v. State, holding Florida’s scheme unconstitutional to the extent the judge, not the jury, found facts necessary to impose death.
Because Kopsho’s jury recommendation was nonunanimous (10–2), the Court found a Hurst error and required the State to prove the error was harmless beyond a reasonable doubt.
The Court concluded the State did not meet that burden (cannot determine the jury unanimously found aggravators outweighed mitigation) and vacated the death sentence, remanding for a new penalty phase.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Kopsho’s death sentence is invalid under Hurst	Kopsho argued Hurst error: jury did not find the facts necessary to impose death and recommendation was nonunanimous (10–2).	State defended the existing sentence and the summary denial, arguing no reversible error or that any error was harmless.	Court held Hurst error occurred because the jury’s nonunanimous recommendation cannot sustain the death sentence.
Whether Hurst error is harmless beyond a reasonable doubt	Kopsho argued the error was not harmless because unanimity on aggravators and weighing cannot be presumed.	State bore burden to prove beyond a reasonable doubt the error did not contribute to imposition of death.	Court held the State did not meet its burden; error was not harmless.
Appropriate remedy for a nonharmless Hurst error	Kopsho sought relief vacating the death sentence and a new penalty phase.	State implicitly argued for affirmance or harmless-error resolution; concurrence urged life sentence under §775.082(2).	Court vacated the sentence and remanded for a new penalty phase; Justice Perry would have imposed life.
Whether any aggravators are so overwhelming they negate Hurst error	State might argue certain aggravators were indisputable.	Kopsho argued even if some aggravators are strong, unanimous jury findings on weighing are unknown.	Court found three aggravators were strong but could not determine unanimous jury weighing; thus error remains non-harmless.

Hurst v. State, 202 So.3d 40 (Fla. 2016) (Florida decision holding jury must find facts necessary to impose death)
Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless error standard requiring state prove error did not contribute to verdict)
State v. DiGuilio, 491 So.2d 1129 (Fla. 1986) (explaining Chapman harmless-error burden in Florida)
Kopsho v. State, 84 So.3d 204 (Fla. 2012) (direct-appeal opinion affirming conviction and death sentence)