Gerhard Hojan, Appellant v. State of Florida, Appellee; Gerhard Hojan, Petitioner, v. Julie L. Jones

Summary

The court affirmed the summary denial of Hojan’s postconviction motion and denied his habeas petition, concluding that his trial-error, trial-counsel, and appellate-counsel claims were procedurally barred, conclusory, meritless, or refuted by the record. It held that the constitutional error in Florida’s capital-sentencing procedure applied to Hojan and was not harmless beyond a reasonable doubt because the jury recommended death by a nine-to-three vote, so it vacated the death sentence and remanded for a new penalty phase. Canady, J., concurring in part and dissenting in part, would have affirmed the death sentence because he agreed with affirming the postconviction denial and denying habeas relief.