Leo Louis Kaczmar, Iii, Appellant v. State of Florida, Appellee — Perry, J., Dissenting

Summary

Justice Perry dissents from the majority’s finding that the Hurst error was harmless beyond a reasonable doubt, arguing that harmless error review is not a sufficiency of the evidence test and that the jury’s unanimity on the death recommendation does not prove each aggravating factor was unanimously found. The dissent is joined by a separate concurrence/dissent in part by Justice Pariente, who would remand for a new penalty phase.