EDWARD J. ZAKRZEWSKI, II, Petitioner,
JULIE L. JONES, etc., Respondent.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
Proceeding - Habeas Corpus
J. McClain of McClain & McDermott, P.A., Wilton Manors,
Florida, for Petitioner.
Jo Bondi, Attorney General, and Carolyn M. Snurkowski,
Assistant Deputy Attorney General, Tallahassee, Florida, for
case is before the Court on Edward J. Zakrzewski, II's
petition for a writ of habeas corpus claiming a right to
relief under the United States Supreme Court's decision
in Hurst v. Florida, 136 S.Ct. 616 (2016), and our
decision on remand in Hurst v. State
(Hurst), 202 So.3d 40 (Fla. 2016), cert.
denied, No. 16-998 (U.S. May 22, 2017). We have
jurisdiction. See art. V, § 3(b)(9), Fla.
Const. For the following reasons, we affirm Zakrzewski's
three sentences of death.
1994, Zakrzewski pled guilty to three charges of first-degree
murder for the deaths of his wife and two young children.
Zakrzewski v. State, 717 So.2d 488, 490 (Fla. 1998),
cert. denied, 525 U.S. 1126 (1999). After the
penalty phase, the jury recommended sentences of death for
the murders of Zakrzewski's wife and son, both by a vote
of seven to five. Id. at 491. For the murder of
Zakrzewski's daughter, the jury recommended a sentence of
life imprisonment without parole. Id. The trial
court, concluding that the aggravating factors outweighed the
mitigating circumstances for all three murders, followed the
jury's recommendation on the first two and overrode the
jury's recommendation on the third and sentenced
Zakrzewski to death for all three murders. Id. On
direct appeal, this Court "affirm[ed] the three death
sentences." Id. at 495.
2003, Zakrzewski appealed the trial court's denial of
postconviction relief on his claim that Florida's death
penalty is unconstitutional under the United States Supreme
Court's decisions in Apprendi v. New Jersey, 530
U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584
(2002). Zakrzewski v. State, 866 So.2d 688, 692, 696
(Fla. 2003). This Court affirmed the trial court's denial
of postconviction relief. Id. at 697. Zakrzewski now
claims that his death sentences are unconstitutional under
Hurst v. Florida and Hurst and that he is
entitled to relief under chapter 2016-13, Laws of Florida.
Asay v. State, 210 So.3d 1 (Fla. 2016), petition
for cert. filed, No. 16-9033 (U.S. Apr. 29, 2017), we
held that Hurst does not apply retroactively to
sentences of death that were final before the United States
Supreme Court decided Ring. In Marshall v.
State, 2017 WL 1739246 (Fla. May 4, 2017), we denied
Marshall's petition for a writ of habeas corpus based on
Asay, concluding that the judicial override in
Marshall's case did not warrant an exception to the
retroactivity analysis in Asay. Id.
Zakrzewski's sentences became final in 1999 when the
United States Supreme Court denied his petition for
certiorari review. Thus, Zakrzewski is not entitled to
Hurst relief, and we deny his petition for writ of
LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ, concur
PARIENTE, J, concurs in result with an opinion LEWIS and
CANADY, JJ, concurin result.
PARIENTE, J., concurring in result.
the savage, horrific way in which Zakrzewski, a veteran of
the United States Air Force, murdered his wife and two
children, the jury votes in this case, where "the trial
judge found two statutory mitigating [circumstances], as well
as a number of nonstatutory mitigating [circumstances],
" were 7-5, 7-5, and 6-6. Zakrzewski v. State,
717 So.2d 488, 494 (Fla. 1988). Following the jury's two
recommendations for death and overriding the jury's third
recommendation for life, the trial court sentenced Zakrzewski
to death for all three murders. The sentences of death became
final in 1999. Majority op. at 3.
concur in the majority's result because I am bound by
this Court's precedent in Asay v. State, 210
So.3d 1 (Fla. 2016), petition for cert. filed, No.
16-9033 (U.S. Apr. 29, 2017), and Marshall v. State,
2017 WL 1739246 (Fla. May 4, 2017), which held that Hurst
v. State (Hurst), 202 So.3d 40 (Fla. 2016),
cert. denied, No. 16-998 (U.S. May 22, 2017), does
not apply retroactively to sentences of death that became
final before the United States Supreme Court decided Ring ...