& SC15-859 Donte Jermaine Hall v. State of Florida and Donte Jermaine Hall v. Julie L. Jones, etc.
219 So. 3d 783
| Fla. | 2017Background
- Donte Jermaine Hall was convicted and sentenced to death for the 2006 robbery and murder at a house party in Eustis that resulted in multiple shootings and two deaths (Anthony Blunt and Keson Evans).
- Eyewitnesses and other evidence placed Hall as the first shooter and an active participant; stolen jewelry and cash were recovered and some pawned.
- At penalty phase, experts testified Hall had borderline intellectual functioning and substance-abuse history; jury found multiple aggravators and recommended death for Blunt by an 8–4 vote.
- Hall pursued postconviction relief under Fla. R. Crim. P. 3.851 and filed a habeas corpus petition raising ineffective assistance claims and Hurst-related sentencing error.
- The postconviction court denied guilt-phase ineffective-assistance claims; the Florida Supreme Court affirmed guilt-phase rulings and habeas claims but vacated the death sentence under Hurst and remanded for a new penalty phase.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance at trial for failure to object to testimony referring to uncharged crimes | Hall: counsel should have objected when witness Glenn said Hall and others “do this kind of stuff,” and during related closing remarks | State: counsel strategically avoided objections to prevent drawing attention; testimony ambiguous and did not clearly reference other crimes | Denied — counsel’s strategic choice was reasonable and Hall failed to show prejudice under Strickland |
| Ineffective assistance of appellate counsel for not raising uncharged-crimes issue on direct appeal | Hall: appellate counsel was ineffective for omitting the issue | State: issue is meritless and procedurally barred; counsel cannot be ineffective for not raising nonmeritorious claims | Denied — claim is procedurally barred and without merit |
| Cumulative error | Hall: multiple errors collectively deprived him of a fair trial | State: underlying claims are barred or meritless, so cumulative error fails | Denied — cumulative-error claim fails because individual claims lack merit or are barred |
| Hurst sentencing error (jury nonunanimous recommendation) | Hall: death sentence invalid after Hurst because jury recommended death 8–4, not unanimously | State: must show error harmless beyond a reasonable doubt | Granted relief — Hurst error not harmless; death sentence vacated and case remanded for new penalty phase |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing two-prong ineffective assistance test)
- Chapman v. California, 386 U.S. 18 (harmless-error standard for constitutional error)
- Hurst v. Florida, 136 S. Ct. 616 (holding defendant entitled to jury determination of facts necessary for death sentence)
- DiGuilio v. State, 491 So.2d 1129 (harmless error analysis in Florida)
- Bolin v. State, 41 So.3d 151 (ineffective-assistance standards applied in Florida)
- Dennis v. State, 109 So.3d 680 (discussing prejudice prong and review standard)
- Kopsho v. State, 209 So.3d 568 (application of Hurst to nonunanimous jury recommendations)
- Rutherford v. Moore, 774 So.2d 637 (counsel not ineffective for failing to raise nonmeritorious claims)
- Henry v. State, 948 So.2d 609 (definition of reasonable probability under Strickland)