Michael Shane Bargo, Jr., Appellant v. State of Florida, Appellee

Summary

The court affirmed Bargo's first-degree murder conviction because the record contained sufficient evidence linking him to the planned killing and its execution. It declined to review ineffective-assistance claims on direct appeal, upheld the denial of a crime-scene expert because Bargo showed neither particularized need nor prejudice, and vacated the death sentence because the nonunanimous jury recommendation did not satisfy the capital-sentencing requirements. The court remanded for a new penalty phase and declined to reach the remaining penalty-phase claims. Justice Pariente, concurring, expressed concern that the death sentence may be disproportionate in light of Bargo's age and substantial mental-health mitigation, while Justice Lawson's special concurrence consisted of a cross-reference.