The Florida Supreme Court has denied an appeal by convicted murderer Eric Scott Branch.
The decision came down Monday morning.
Branch’s attorney filed for post-conviction relief under the Hurst decision, because the jury that recommended the death penalty was not unanimous.
But the supreme court justices ruled Hurst does not apply retroactively back to 1997, when the high court first finalized his death sentence.
Branch raped and murdered University of West Florida student Susan Morris at the Pensacola campus in January 1993.
That was just 10 days after he brutally raped a Panama City Beach woman.
Gov. Rick Scott signed Branch’s death warrant Friday, setting his execution date for February 22nd.