Paul Durousseau, Appellant v. State of Florida, Appellee

Summary

The court affirmed the denial of postconviction relief on the ineffective-assistance claims concerning voir dire because Durousseau identified no specific undiscovered information, actually biased juror, or better-qualified replacement juror, and his prejudice allegations were speculative. It held that his death sentence violated the Sixth Amendment because the jury did not unanimously find the facts necessary to impose death, and that the violation was not harmless beyond a reasonable doubt. The court vacated the death sentence and remanded for a new penalty phase. Justice Canady, joined by Justice Polston, would not apply the constitutional rule retroactively, while Senior Justice Perry would have required imposition of a life sentence instead of a new penalty phase.