Kirkman v. State
Annotate this CaseThe Supreme Court affirmed Defendant’s conviction for first-degree murder but vacated his death sentence and remanded for a new penalty phase. Defendant was sentenced to death after a jury recommended the death penalty by a vote of ten to two. On appeal, the Supreme Court held (1) the trial court did not err by allowing Defendant’s co-defendant to testify that he and Defendant were involved in the separate murder; (2) substantial evidence supported the conviction; but (3) the jury’s nonunanimous recommendation of death violated Hurst v. State, 202 So. 3d 40 (Fla. 2016), and the error was not harmless beyond a reasonable doubt.
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