Roderick Michael Orme, Appellant v. State of Florida, Appellee; Roderick Michael Orme, Petitioner, v. Julie L…

Summary

The court held that the constitutional jury-trial rule governing capital sentencing applied to Orme's nonfinal death sentence. Because the resentencing jury recommended death by an eleven-to-one vote, the court could not determine beyond a reasonable doubt that a properly instructed jury would have unanimously found every fact necessary to impose death or that death was appropriate. The court therefore vacated the death sentence and ordered a new penalty phase; it did not reach Orme's remaining post-conviction and habeas claims.