Kevin G. Jeffries, Jr., Appellant v. State of Florida, Appellee — Pariente, J., Concurring in Part and Dissenting…

Summary

Justice Pariente, writing a partial concurrence and dissent, agrees that Jeffries is entitled to a new penalty phase under Hurst but argues the death sentence must be reduced to life because a co‑defendant, Challender, who was equally or more culpable, received a life sentence. The opinion emphasizes the need for a relative culpability analysis under McCloud and related precedent. It also notes that the plurality failed to consider this analysis. The opinion is accompanied by two separate opinions, one by Justice Canady dissenting from the majority’s vacatur of the death sentence and one by Justice Lawson concurring specially.