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Justia Daily Opinion Summaries

Florida Supreme Court
July 10, 2020

Table of Contents

Merck v. State

Criminal Law

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A Modest Proposal: A Heartbeat Bill for Those Who Don’t Wear Masks

MARCI A. HAMILTON

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University of Pennsylvania professor Marci A. Hamilton draws upon a strategy used by anti-abortion advocates in suggesting a way to encourage (or coerce) more people into wearing masks to avoid the spread of COVID-19. Hamilton proposes requiring persons who opt not to wear a mask in public (1) to watch, on a large screen, an adult's beating heart for 30 seconds, and (2) to be read a statement about how their decision unreasonably endangers others.

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Florida Supreme Court Opinions

Merck v. State

Docket: SC19-1864

Opinion Date: July 9, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the circuit court summarily dismissing as untimely Petitioner's successive motion for postconviction relief, holding that the record conclusively established that Petitioner was not entitled to relief. In 1993, Petitioner was convicted of first-degree murder and sentenced to death. The Supreme Court twice affirmed and twice remanded for resentencing at a new penalty phase. At Petitioner's third penalty phase, he was sentenced to death, and the Supreme Court affirmed. At issue was Petitioner's third successive motion for postconviction relief under Fla. R. Crim. P. 3.851, filed on May 10, 2019. The circuit court dismissed the petition as untimely under rule 3.851(d)(2)(B). The Supreme Court affirmed without addressing the ruling that Petitioner's motion was untimely, holding that the record conclusively refuted Petitioner's allegation that trial counsel conceded Petitioner's guilt at trial.

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