Robert Earl Peterson, Appellant v. State of Florida, Appellee; Robert Earl Peterson, Petitioner, v. Julie L. Jones…

Summary

The court affirmed the denial of postconviction relief concerning Peterson's conviction and denied his habeas petition, concluding that his recusal, lost-records, and guilt-phase ineffective-assistance claims were meritless or procedurally unavailable. Because Peterson's death sentence became final after the relevant constitutional precedent and his jury recommended death by a nonunanimous seven-to-five vote, the court held that the sentencing error was not harmless beyond a reasonable doubt and ordered a new penalty phase. Justice Canady, joined by Justice Polston, concurred in the rulings concerning recusal, conviction, and habeas relief but would have affirmed the death sentence because he would not apply the sentencing precedent retroactively; Justice Lawson filed a special concurrence.