Robert J. Bailey, Petitioner v. Julie L. Jones

Summary

Justice Pariente concurs with the majority’s grant of a new penalty phase for Robert J. Bailey, holding that the Hurst error arising from the jury’s 11‑1 death recommendation is not harmless beyond a reasonable doubt. The concurrence emphasizes both statutory and non‑statutory mitigating evidence presented at Bailey’s penalty phase and notes the opinion’s consistency with recent Florida decisions. Justice Lawson also filed a separate concurring opinion, citing Okafor v. State in support of the same relief.