Nelson Serrano, Appellant v. State of Florida, Appellee; Nelson Serrano, Petitioner, v. Julie L. Jones

Summary

The court affirmed the denial of Serrano's guilt-phase postconviction claims and denied his habeas petition, concluding that the alleged nondisclosure, ineffective assistance, false-testimony, newly discovered evidence, and appellate-counsel claims did not warrant relief. It held that the death sentences violated the constitutional sentencing requirement because the jury's nine-to-three recommendations did not establish unanimous findings necessary to support the sentences, and the error was not harmless beyond a reasonable doubt. The court therefore vacated the death sentences and remanded for a new penalty phase. POLSTON, J., concurring in part and dissenting in part, joined by CANADY and LAWSON, would have affirmed the death sentences rather than vacating them.