Michael Duane Zack, Iii, Appellant v. State of Florida, Appellee; Michael Duane Zack, Iii, Petitioner, v. Julie L…

Summary

The Florida Supreme Court affirmed the circuit court’s denial of Michael Zack’s post‑conviction motion to vacate his first‑degree murder conviction and death sentence, and denied his habeas petition. The Court held that Zack’s intellectual‑disability claim was properly denied because his IQ scores were well above the statutory threshold and outside the margin of error, that the trial court did not err in dismissing the claim without further evidentiary consideration, and that the Hurst decision does not apply retroactively to his case. The decision notes that Hall’s rule on intellectual disability applies retroactively, but Zack’s record fails the first prong. Concurring opinions note disagreement on the retroactive application of Hurst but concur in the result.