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, rejected his recusal, lost-records, guilt-phase ineffective-assistance, and habeas claims, and denied his habeas petition. Because Peterson’s death sentence became final after the relevant constitutional decision and his jury recommended death by a nonunanimous seven-to-five vote, the court held that the sentencing error was not harmless and remanded for a new penalty phase. Justice Canady, concurring in part and dissenting in part, would have affirmed the death sentence because he would not apply the governing rule retroactively; Justice Lawson filed a special concurrence.