Supreme Court of Florida

State of Florida v. Michael James Jackson

November 25, 2020306 So. 3d 936

Summary

The court denied the State’s all-writs petition and alternative petition for prohibition, holding that Jackson’s vacated death sentences could not be retroactively reinstated after the State failed to appeal the final postconviction order granting a new penalty phase. The court concluded that the postconviction order finally disposed of the proceeding, that later decisional law did not authorize the circuit court to reconsider it, and that prohibition could not be used to halt resentencing or undo the final order.