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

Summary

The court affirmed the denial of McMillian’s guilt-phase postconviction claims, concluding that he failed to establish ineffective assistance of counsel concerning his hospital statement, consolidation of charges, or several alleged failures to object. The court vacated his death sentence because the nonunanimous ten-to-two sentencing recommendation did not establish that the jury unanimously found the aggravating circumstances outweighed mitigation, and the State could not prove the sentencing error harmless beyond a reasonable doubt. POLSTON, J., concurring in part and dissenting in part, agreed with the guilt-phase disposition but would not have vacated the death sentence.