Justin Ryan McMillian, Appellant v. State of Florida, Appellee

Summary

The court affirmed the denial of McMillian's guilt-phase postconviction claims, concluding that counsel was not ineffective regarding his hospital statement, case consolidation, or various failures to object. It held that McMillian's death sentence violated the governing constitutional sentencing requirements because the jury recommended death by a nonunanimous ten-to-two vote, and the error was not harmless beyond a reasonable doubt. Justice Polston, joined by Justice Canady, concurred in the guilt-phase decision but would not have vacated the death sentence pursuant to the applicable sentencing decision.