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Hurst v. State, No. SC07-1798 (Fla. 9/17/2009) (Fla., 2009)

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TIMOTHY LEE HURST, Appellant, v. STATE OF FLORIDA, Appellee. No. SC07-1798. Supreme Court of Florida. September 17, 2009. An Appeal from the Circuit Court in and for Escambia County, Linda Lee Nobles, Judge ? Case No. 1998-CF-001795-A. Jeffrey M. Hazen and Harry Brody of Brody and Hazen, P.A., Tallahassee, Florida, for Appellant. Bill McCollum, Attorney General, and Stephen R. White, Assistant Attorney General, Tallahassee, Florida, for Appellee. PER CURIAM. Timothy Lee Hurst appeals from an order denying his motion filed under Florida Rule of Criminal Procedure 3.851 seeking to vacate his judgment of conviction of first-degree murder and sentence of death.1 For the reasons explained below, we vacate the sentence of death and remand for a new penalty phase proceeding...continue to full post

Full post as published by Florida Criminal Law Opinions on September 17, 2009 (boomark / email).