Paul Beasley Johnson, Appellant v. State of Florida, Appellee — Polston, J., Dissenting

Summary

Justice Polston dissented from the decision to vacate Johnson's three death sentences and remand for a new penalty phase. The dissent reasoned that, even assuming the prosecutor knowingly presented false testimony, the testimony was immaterial because it was brief, impeached, cumulative, and included evidence supporting Johnson's drug-use mitigation. Justice Polston would have affirmed the denial of Johnson's postconviction motion.