State of Florida v. Mark Anthony Poole ( 2020 )

Supreme Court of Florida
THURSDAY, APRIL 2, 2020
CASE NO.: SC18-245
Lower Tribunal No(s).:
532001CF007078A0XXXX
STATE OF FLORIDA vs. MARK ANTHONY POOLE
Appellant/Cross-Appellee Appellee/Cross-Appellant
On February 7, 2020, Poole filed a Motion for Rehearing and Clarification.
We deny rehearing but grant clarification of this Court’s instructions on remand.
Remand for “proceedings consistent with this opinion” may include resolution of
Poole’s remaining penalty-phase claims that were raised in his postconviction
motion but not addressed on the merits by the trial court in its order.
CANADY, C.J., and POLSTON, LAWSON, and MUÑIZ, JJ., concur.
LABARGA, J., concurs in part and dissents in part with an opinion.
LABARGA, J., concurring in part and dissenting in part.
I concur in the majority’s decision to clarify that on remand, Poole is entitled
to the resolution of penalty phase claims raised in his postconviction motion that
were not decided given this Court’s decision in Hurst v. State, 202 So. 3d 40 (Fla.
2016), receded from in part by State v. Poole, 45 Fla. L. Weekly S41 (Fla. Jan. 23,
2020).
CASE NO.: SC18-245
Page Two
However, I remain firmly committed to my dissent in Poole, and to my
position that the opinion was wrongly decided. I would grant rehearing, and I
dissent to the majority’s decision to deny rehearing in this case.
so
Served:
JAMES L. DRISCOLL JR.
PARVIN D. MOYNE
Z.W. JULIUS CHEN
MARK J. MACDOUGALL
RACHEL P. ROEBUCK
SCOTT A. BROWNE
DAVID DIXON HENDRY
HON. STACY M. BUTTERFIELD, CLERK
HON. JALAL A. HARB, JUDGE
VICTORIA AVALON