David Kelsey Sparre, Appellant v. State of Florida, Appellee — Pariente, J., Concurring in Part and Dissenting in Part

Summary

The separate opinion concurs in affirming the first-degree murder conviction but dissents from affirming the death sentence. It concludes that the trial court erred by failing to investigate and present substantial mitigation concerning the nineteen-year-old defendant’s mental illness and abusive, dysfunctional history, and that the error could not be harmless beyond a reasonable doubt because the mitigation was never developed in the record. The opinion would require a new penalty-phase proceeding and urges a prospective rule requiring special counsel whenever a capital defendant waives mitigation.