Legal Opinion · Concurring in part, dissenting in part

& SC16-124 David Beasher Snelgrove v. State of Florida and David Beasher Snelgrove v. Julie L. Jones, etc.

Supreme Court of Florida

Decided May 11, 2017No. SC15-1659; SC16-124Published

1Concurring in part, dissenting in partPariente, J.

I concur that Snelgrove is entitled to relief pursuant to Hurst. Majority op. at 1004. I dissent, however, as to the majority’s conclusion that “Snelgrove is not entitled to postconviction relief regarding his claim of intellectual disability.” Majority op. at 1004. Instead, I would remand for a new evidentiary hearing on Snelgrove’s possible intellectual disability in light of the fact that the first evidentiary hearing on that matter occurred in 2009, prior to the United States Supreme Court’s decision in Hall v. Florida, — U.S. —, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014). As I previously…

2Cases cited7 opinions

  1. Hall v. FloridaSupreme Court of the United States · 2014
  2. Cherry v. StateSupreme Court of Florida · 2007
  3. Frank A. Walls v. State of FloridaSupreme Court of Florida · 2016
  4. Nixon v. StateSupreme Court of Florida · 2009
  5. Sonny Boy Oats, Jr. v. State of FloridaSupreme Court of Florida · 2015

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