Supreme Court of Florida
Khadafy Kareem Mullens, Appellant v. State of Florida, Appellee — Pariente, J., Concurring
June 16, 201641 Fla. L. Weekly Supp. 279
Summary
Justice Pariente concurred in affirming the convictions and death sentence. She agreed that the defendant knowingly, voluntarily, and intelligently waived a penalty-phase jury and therefore could not obtain relief under Hurst, and she emphasized the trial court's careful consideration of the defendant's severe childhood abuse, family dysfunction, mental-health conditions, substance abuse, and lack of protective factors as mitigation. She nevertheless agreed that the aggravating and mitigating circumstances supported the death sentence and that the case was materially different from the cited proportionality precedent. Justice Lewis, concurring, addressed limits on admitting unreliable nontestimonial evidence during capital sentencing, while Justice Canady, concurring in the result, disagreed with the treatment of the avoid-arrest aggravator and the remand for a written competency order.