Timothy Lee Hurst, Appellant v. State of Florida, Appellee — Pariente, J., Concurring in Part and Dissenting in Part

Summary

Justice Pariente concurs that the trial court did not err in denying a successive mental‑retardation hearing, but dissents from the majority’s affirmation of Hurst’s death sentence, holding that the sentence is unconstitutional because the jury did not unanimously find any aggravating circumstance. He relies on Ring v. Arizona and Florida constitutional guarantees of jury unanimity.