Justin Curtis Heyne, Appellant v. State of Florida, Appellee

Summary

The court affirmed the denial of Heyne’s guilt-phase postconviction claims, concluding that counsel was not ineffective for failing to seek suppression of Heyne’s statements or property. Heyne’s statements were not an unequivocal invocation of counsel or silence, and he abandoned the property left in another person’s attic. The court vacated the death sentence and remanded for a new penalty phase because the nonunanimous death recommendation did not establish unanimous findings required for sentencing. Judge Polston, joined by Judges Canady and Lawson, concurred in part and dissented in part, disagreeing with vacatur of the death sentence.