Timothy Lee Hurst, Appellant v. State of Florida, Appellee — Canady, J., Dissenting

Summary

Justice Canady dissents from the majority’s interpretation of the governing Supreme Court decision, concluding that the Sixth Amendment requires only that a jury unanimously find an aggravating circumstance that makes a defendant eligible for death, not that the jury make every sentencing determination or unanimously recommend death. He would further hold that the absence of a jury finding of an aggravator was harmless beyond a reasonable doubt because the evidence supporting both aggravators was overwhelming, and he would affirm the death sentence. Justice Pariente, concurring, supports the majority’s unanimity requirements under the Florida Constitution and Eighth Amendment, while Justice Perry, concurring in part and dissenting in part, would require imposition of a life sentence under the statutory remedy.