William A. Gregory, Appellant v. State of Florida, Appellee; William A. Gregory, Petitioner, v. Julie L. Jones…

Summary

The court affirmed the denial of Gregory’s guilt-phase postconviction claims, his successive motion based on alleged recantation evidence, and his habeas claims concerning appellate counsel and the admission of jail calls. It held that the nonunanimous seven-to-five death recommendations created reversible sentencing error because the State could not prove beyond a reasonable doubt that the jury unanimously found the facts necessary for death or that the error did not contribute to the sentences. The court vacated both death sentences and remanded for a new penalty phase. Justice Polston, joined by Justice Canady, would have upheld the death sentences, while Justice Lawson specially concurred without stating a position in the excerpt on the sentencing issue.