Mr. Phillips was convicted of first-degree murder in the death of Christopher Aligada during the commission of a robbery. The jury voted 7-5 to recommend a death sentence, and the trial court condemned Mr. Phillips to death. This court upheld his conviction and death sentence on direct appeal. Mr. Phillips filed post-conviction challenges in the trial court based on newly discovered evidence and trial counsel’s failure to argue intellectual disability during the penalty phase as well as a claim that he was entitled to be resentenced pursuant to this Court’s decision in Hurst v. State. The court granted resentencing, but the remaining challenges were denied. This appeal followed. Resentencing is pending.

Watch more oral arguments from 6/7/18:

Law Offices of Herssein and Herssein, P.A., etc., et al. v. United Services Automobile Association, SC17-1848

Leonard P. Gonzalez Jr. v. State of Florida, SC17-1146