Supreme Court of Florida

Dale Glenn Middleton, Appellant v. State of Florida, Appellee — Pariente, J., Concurring

March 9, 201742 Fla. L. Weekly Supp. 624

Summary

Justice Pariente joined the affirmance of Middleton’s conviction and death sentence but wrote separately to emphasize that mitigation specialists perform functions distinct from fact investigators and should generally be provided upon a proper and timely request in capital cases. She nevertheless concluded that no reversible error occurred because defense counsel said he would renew the request but did not do so, and Middleton could not demonstrate prejudice on direct appeal. Justice Quince, concurring in part and dissenting in part, agreed that the convictions were supported by sufficient evidence but would have found the capital-sentencing error harmful rather than harmless beyond a reasonable doubt.