Paul Beasley Johnson, Appellant v. State of Florida, Appellee

Summary

The court held that newly disclosed evidence established that the State deliberately used a jailhouse informant to elicit statements from Johnson after counsel had been appointed, and that the prosecutor knowingly presented false testimony and misleading argument to prevent suppression of the informant's evidence. Although the error was harmless beyond a reasonable doubt as to the convictions, the State failed to establish that it was harmless as to the death sentences because the informant's testimony could have affected the jury's consideration of mental-health mitigation. The court reversed the postconviction order, vacated the death sentences, and remanded for a new penalty phase before a newly empaneled jury. Judge Polston, dissenting, would have affirmed because he viewed the informant's testimony as immaterial and nonprejudicial.