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Thomas M. Overton v. State of Florida
Citation: 236 So. 3d 238Docket: SC17-1435
Court: Supreme Court of Florida; February 1, 2018; Florida; State Supreme Court
Original Court Document: View Document
Thomas M. Overton's appeal to the Supreme Court of Florida contests 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 ruling in *Hurst v. Florida* and the subsequent state ruling in *Hurst v. State*. The Court had previously stayed Overton's appeal pending the outcome of *Hitchcock v. State*. After reviewing Overton's arguments against the applicability of *Hitchcock*, the Court determined that he was not entitled to relief. Overton was convicted of two counts of first-degree murder, receiving death sentences following jury recommendations that were not unanimous. His sentences became final in 2002, and the Court concluded that the *Hurst* decision does not retroactively apply to Overton's case, as established in *Hitchcock*. Consequently, the Court affirmed the denial of Overton’s motion and 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 expressed in *Hitchcock*. The case originated from the Circuit Court in Monroe County, with representation from both the Appellant and the Appellee.