Supreme Court of Florida

John F. Mosley v. State of Florida

September 15, 2022349 So. 3d 861

Summary

The court held that the trial court reversibly erred by failing to address Mosley’s unequivocal request to represent himself at the Spencer hearing before imposing sentence. The court therefore vacated the death sentence and remanded for a new Spencer hearing and sentencing hearing, but held that Mosley was not entitled to a third penalty phase. The court rejected Mosley’s other claims concerning cross-examination, mitigating evidence, jury instructions, and hybrid representation.