James Ernest Hitchcock v. State of Florida

── James Ernest Hitchcock v. State of Florida ── Court: Supreme Court of Florida Date: April 23, 2026 Category: General Supreme Court of Florida ____________ No. SC2026-0574 ____________ JAMES ERNEST HITCHCOCK, Appellant, vs. STATE OF FLORIDA, Appellee. April 23, 2026 PER CURIAM. James Ernest Hitchcock is a prisoner sentenced to death. The Governor signed a warrant for his execution, set to occur April 30, 2026. Hitchcock appeals the denial of his successive motion for postconviction relief. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.; see also State v. Fourth Dist. Ct. of Appeal, 697 So. 2d 70, 71 (Fla. 1997) (holding “that in addition to our appellate jurisdiction over sentences of death, we have exclusive jurisdiction to review all types of collateral proceedings in death penalty cases”).  For the reasons below, we affirm the denial of postconviction relief and deny his motion for a stay of execution. I In 1976, James Ernest Hitchcock was indicted for murdering his brother Richard’s thirteen-year-old stepdaughter. Hitchcock v. State (Hitchcock I), 413 So. 2d 741, 743 (Fla. 1982); Hitchcock v. State (Hitchcock VI), 755 So. 2d 638, 640 (Fla. 2000). Hitchcock was living with Richard and Richard’s family—including the victim. On the night of the murder, Hitchcock watched television with Richard and his family until around 11:00 p.m. Hitchcock then left the house, went to Winter Garden, and drank beer and smoked marijuana with his friends. Hitchcock told police post-arrest that he returned to the home around 2:30 a.m. and entered through a dining room window. He then went to the victim’s room and had sexual intercourse with her. The victim told Hitchcock she was hurt and was going to tell her mother. The victim started to yell because Hitchcock would not let her leave the bedroom. Hitchcock then choked her and carried her outside. When she still refused to be quiet, Hitchcock choked and -2- beat the victim until she was silent and pushed her body into some bushes. He returned to the home, showered, and went to bed. At trial in January 1977, Hitchcock recanted his prior statement to police confessing to the murder. Contrary to his prior statement, Hitchcock claimed that the victim let him into the house and agreed to have sexual intercourse. Hitchcock claimed that after having intercourse, Richard entered the bedroom, dragged the victim outside, and began choking her. Hitchcock said that by the time he got Richard away from the victim, she was already dead. According to Hitchcock, Richard said he did not mean to kill her, and that Hitchcock would cover up for Richard. In explanation for his prior admission, Hitchcock said he was trying to protect Richard. The jury found him guilty of first-degree murder and recommended that he be sentenced to death. Hitchcock I, 413 So. 2d at 743. After weighing the aggravating and mitigating circumstances, the court agreed with the jury’s recommendation and imposed the death penalty. Id. 1 1. The court found three aggravating circumstances: (1) the murder was committed in the course of an involuntary sexual -3-  We affirmed Hitchcock’s judgment and sentence on direct appeal in 1982, rejecting the many issues he raised. Id. 2 The U.S. battery; (2) the purpose of the murder was to eliminate a witness to avoid arrest; and (3) the murder was especially heinous, wicked, or cruel. Hitchcock I, 413 So. 2d at 746. 2. Hitchcock argued the following in that direct appeal: (1) the trial court improperly restricted his presentation of evidence corroborating his defense theory, his impeachment of a key prosecution witness, and his explanation of his false confession; (2) the tr