Louis B. Gaskin, Appellant v. State of Florida, Appellee

Summary

The court affirmed the denial of Gaskin’s successive postconviction motion. It held that his challenge to alleged improper doubling of aggravating circumstances was untimely and procedurally barred because his sentence became final in 1993 and the issue could have been raised on direct appeal. The court also held that the later constitutional rule announced in Hurst did not apply because Gaskin’s sentence became final before Ring. Justice Pariente and Senior Justice Perry would have applied Hurst retroactively and granted a new penalty phase.