Supreme Court of Florida

Kevin Don Foster, Appellant v. State of Florida, Appellee.

December 6, 2018258 So. 3d 1248

Summary

The Florida Supreme Court affirmed the circuit court's denial of Kevin Don Foster's successive post‑conviction relief motion, holding that Hurst is not retroactive to his case, that the jury's penalty‑phase findings are not elements of the capital felony, that his Eighth Amendment claims fail, and that his Roper‑based age argument is unsupported.