Supreme Court of Florida
Paul Glen Everett, Appellant v. State of Florida, Appellee.
May 24, 2018258 So. 3d 1199
Summary
The Court affirmed the circuit court’s summary denial of Everett’s successive post‑conviction motion, holding that any Hurst error was harmless beyond a reasonable doubt because Everett received a unanimous jury recommendation of death. The majority relied on Davis v. State, which requires a unanimous recommendation to satisfy the Sixth Amendment jury‑fact‑finding requirement. Justice Quince dissented, arguing that the Hurst error could not be harmless where the jury did not find each factual element.