Supreme Court of Florida
Kirk Douglas Williams, Appellant v. State of Florida, Appellee — Polston, J., Concurring in Part and Dissenting in Part
May 20, 201035 Fla. L. Weekly Fed. S 268
Summary
Justice Polston concurred in affirming Williams's murder conviction but disagreed with the majority's treatment of the death sentence. He would have upheld the pecuniary-gain aggravator and the trial court's rejection of impaired-capacity mitigation, but would have remanded for a new penalty phase because the trial court did not specify the weight assigned to each aggravator and the jury recommended death by an eleven-to-one vote.