Supreme Court of Florida
Richard Todd Robards, Appellant v. State of Florida, Appellee — Pariente, J., Concurring
April 6, 201742 Fla. L. Weekly Supp. 431
Summary
Justice Pariente concurred that Robards was entitled to Hurst relief and a new penalty phase, emphasizing that counsel failed to investigate and present substantial mental-health mitigation. The postconviction evidence showed traumatic brain injury, toxic brain exposure, steroid use and possible withdrawal, psychotic symptoms, and extensive childhood abuse that were not presented to the penalty-phase jury. Justice Polston, concurring in part and dissenting in part, would not have vacated the death sentence pursuant to Hurst.