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John Christopher Marquard v. State of Florida
Citation: Not availableDocket: SC17-862
Court: Supreme Court of Florida; January 23, 2018; Florida; State Supreme Court
Original Court Document: View Document
John Christopher Marquard appealed the circuit court's denial of his motion under Florida Rule of Criminal Procedure 3.851, seeking relief based on the U.S. Supreme Court's decision in Hurst v. Florida. The Supreme Court of Florida has jurisdiction over the case. The appeal was stayed pending the outcome of Hitchcock v. State. After the Hitchcock decision, Marquard was ordered to show cause why Hitchcock should not be dispositive, and upon review of his response and the State's reply, the Court concluded that Marquard was not entitled to relief. Marquard had been sentenced to death following a unanimous jury recommendation in 1994, and his sentence became final in 1995. The Court determined that the Hurst decision does not apply retroactively to his case, referencing the Hitchcock ruling. Consequently, the Court affirmed the denial of Marquard's motion. The Justices cautioned that any rehearing motion containing reargument would be stricken. Chief Justice Labarga and Justices Quince, Polston, and Lawson concurred, while Justice Pariente concurred in the result but reiterated her dissenting views from Hitchcock. The appeal originated from the Circuit Court for St. Johns County, presided over by Judge Howard Mason Maltz.