This page tracks the 145 Florida death-sentenced prisoners who won relief under Hurst v. Florida (2016) because 1) their jury recommendations for death were not unanimous, and 2) their convictions became final after Ring v. Arizona (2002), which established that juries must find each aggravating factor necessary to impose death. With the help of attorney and researcher Melanie Kalmanson of Tracking Florida’s Death Penalty, DPI has updated this page through January 12, 2026. Professors Michael Radelet and Hannah Gorman contributed to earlier iterations of Hurst resentencing research.
Between March 13, 2017 and April 20, 2023, capital trials in Florida required a unanimous jury vote to impose the death penalty, including in Hurst resentencing hearings. However, on April 20, 2023, Florida passed a new capital sentencing standard that authorized death by a jury vote of 8 – 4. After extensive litigation, this standard was applied to Hurst resentencing proceedings that remained pending as of that date. This page now includes a second chart tracking Hurst resentencings completed under the 8 – 4 standard, including the jury vote and whether the state waived the death penalty.
| Outcome | Number |
| Resentenced to Life or Less | 93 |
| Resentenced to Death | 26 |
| Died on Death Row | 6 |
| Pending | 20 |
| Total | 145 |
Please let us know if you are aware of additional Florida cases that should be included on the lists below, or if they should be updated to reflect a new sentencing disposition (i.e., resentenced to life or resentenced to death).
DPI previously determined that twelve additional prisoners met the twin criteria for Hurst described above (157 total). However, these prisoners did not officially have their sentences vacated under the Hurst framework, for reasons including that they won relief on other grounds, died before a court granted Hurst relief, or were determined by a court not to qualify. Two are still awaiting a ruling on their Hurst eligibility.
| Prisoner Name | Reason Did Not Receive Hurst Relief |
| Aguirre-Jarquin, Clemente | Sentence vacated based on newly discovered evidence; subsequently exonerated |
| Bright, Raymond | Sentence vacated due to ineffective assistance of counsel; subsequently resentenced to death |
| Caraballo, Victor | Sentence vacated on other grounds; subsequently resentenced to life |
| Davis, William Roger III | Florida Supreme Court ruled that he waived Hurst rights |
| Francis, Carlton | Hurst eligibility pending due to incompetency |
| Gosciminski, Andrew | Died before court ruled on Hurst relief |
| Herard, James | Florida Supreme Court denied Hurst relief |
| Poole, Mark | Florida Supreme Court reversed grant of Hurst relief |
| Silvia, William | Florida Supreme Court reversed grant of Hurst relief |
| Simpson, Jason | State reduced charges; resentenced to time served |
| Wilcox, Darious | Hurst eligibility pending |
| Wright, Ralph | Florida Supreme Court acquitted Wright on appeal due to insufficient evidence; exonerated |
For more background on the Florida legislative and court actions related to the jury unanimity issue, see Hurst v. Florida Background.
To track developments in Florida death-row appeals that have been decided in light of the state and federal Hurst decisions, see this chart.
