Timothy Lee Hurst, Appellant v. State of Florida, Appellee — Pariente, J., Concurring

Summary

Justice Pariente concurs in the majority's conclusion that Florida's Constitution and the Eighth Amendment require unanimity in the jury's final recommendation of life or death before a death sentence may be imposed. She emphasizes Florida's historical commitment to unanimous jury verdicts, the heightened procedural protections required in capital cases, and Florida's status as an extreme outlier among jurisdictions permitting nonunanimous death recommendations. She also concludes that requiring unanimity was within the scope of the remand. Justice Canady, dissenting, would require only a jury finding of an aggravating circumstance and would affirm the death sentence, while Justice Perry, concurring in part and dissenting in part, would require imposition of a life sentence under the applicable statute rather than a new penalty phase.