Supreme Court of Florida

Willie James Hodges, Appellant v. State of Florida, Appellee

March 16, 201742 Fla. L. Weekly Supp. 327

Summary

The court affirmed the denial of postconviction relief concerning Hodges's first-degree murder conviction, concluding that his ineffective-assistance claims either failed to establish deficient performance or failed to show a reasonable probability of prejudice. Applying the intervening capital-sentencing decision, the court held that Hodges's death sentence could not stand because it was imposed under Florida's former sentencing scheme and followed a nonunanimous jury recommendation. The court therefore reversed 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 would not apply the intervening decision retroactively.