State of Florida, Appellant v. William Frances Silvia, Appellee

Summary

The court held that Silvia’s valid waiver of postconviction proceedings and counsel, which expressly included an understanding that he would permanently lose the opportunity to benefit from future changes in the law, precluded him from obtaining relief under Hurst. Because Silvia did not challenge the validity of that waiver, the court reversed the order granting a new penalty phase and reinstated his death sentence. Lewis, J., dissenting, would have granted Hurst relief because Silvia had preserved his jury-trial challenge and could not waive a constitutional right that had not yet been recognized.