Supreme Court of Florida
Jermaine Foster, Appellant v. State of Florida, Appellee.
December 28, 2018260 So. 3d 174
Summary
The court held that Foster was entitled to an evidentiary hearing on his intellectual-disability claim because the prior proceedings occurred without the benefit of the later constitutional standards governing IQ scores, adaptive functioning, and onset. The court nevertheless affirmed the denial of relief under the later capital-sentencing decision because Foster's death sentences became final before that decision applied retroactively. Chief Justice Canady, concurring in part and dissenting in part, would have affirmed denial of the intellectual-disability claim because he would not apply the later intellectual-disability rule retroactively.