Supreme Court of Florida

Cary Michael Lambrix, Appellant v. State of Florida, Appellee — Pariente, J., Dissenting

September 29, 201742 Fla. L. Weekly Supp. 833

Summary

Justice Pariente dissents, arguing that Lambrix is entitled to a new penalty phase because the jury’s non‑unanimous death recommendation violates both the Sixth and Eighth Amendments as announced in Hurst. She contends that the retroactivity of those constitutional rights should be full and that denying relief would violate due process.