Renaldo Devon McGirth, Appellant v. State of Florida, Appellee; Renaldo Devon McGirth, Petitioner, v. Julie L…

Summary

The court affirmed the denial of McGirth’s postconviction motion, holding that the postconviction court adequately addressed his complaints about counsel, his waiver of counsel and the evidentiary hearing, and his competency. The court granted habeas relief because the jury’s nonunanimous death recommendation did not establish that all facts necessary for a death sentence were unanimously found, and the State could not prove the resulting constitutional error harmless beyond a reasonable doubt. Justice Polston, joined by Justice Canady, concurred in affirming postconviction relief but would have denied habeas relief and the request for a new penalty phase.