Supreme Court of Florida

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

February 1, 2018235 So. 3d 349

Summary

The court held that Silvia’s valid waiver of postconviction proceedings and counsel, including his acknowledged understanding that he permanently forfeited the benefit of future legal changes, barred him from seeking relief under Hurst. Because Silvia did not challenge the waiver and had raised a related Ring claim before waiving postconviction proceedings, 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 preserved his constitutional challenge and did not waive his right to a penalty-phase jury.