Randall T. Deviney v. State of Florida

Summary

The Supreme Court of Florida affirmed Randall T. Deviney's first-degree murder conviction but vacated his death sentence and remanded for a new penalty phase. The court held that the nonunanimous eight-to-four death recommendation and the absence of a special interrogatory verdict violated the requirements applied in Hurst v. State, and that the error was not harmless beyond a reasonable doubt. The court also affirmed the denial of Deviney's motion for judgment of acquittal on attempted sexual battery.

Holdings

1. A death sentence based on an eight-to-four jury recommendation violated Hurst v. State because all critical findings necessary to impose death must be found unanimously by the jury.
2. The Hurst error was not harmless beyond a reasonable doubt, and Deviney was entitled to a new penalty phase.
3. The court affirmed the denial of Deviney's motion for judgment of acquittal.

Questions Presented

1. Whether the death sentence violated Hurst v. State because the jury did not unanimously find all facts necessary to impose death.
2. Whether any Hurst sentencing error was harmless beyond a reasonable doubt.
3. Whether the trial court erred in denying Deviney's motion for judgment of acquittal on attempted sexual battery.

Disposition

reversed_and_remanded