Supreme Court of Florida

Cornelius O. Baker, Appellant v. State of Florida, Appellee; Cornelius O. Baker, Petitioner, v. Julie L. Jones…

March 23, 2017214 So. 3d 530

Summary

The court held that Baker was entitled to a new penalty phase because the jury's nonunanimous death recommendation and lack of unanimous findings made the constitutional sentencing error not harmless beyond a reasonable doubt. It denied habeas relief because Baker failed to show deficient appellate performance and prejudice from either omitted record material. Justice Polston, joined by Justices Canady and Lawson, concurred in part but would not have vacated the death sentence pursuant to the constitutional sentencing ruling.