Justin Ryan McMillian v. State of Florida
Supreme Court of Florida
1Per curiam
Justin Ryan McMillian appeals an order of the trial court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. For the reasons that follow, we affirm the denial of his guilt phase claims but remand for a new penalty phase pursuant to Hurst v. State, 202 So.3d 40 (Fla. 2016), petition for cert. filed, No. 16-998 (U.S. Feb. 13, 2017).1
I. BACKGROUND
On direct appeal, this Court described the facts as follows:
The defendant, Justin McMillian, and his victim, Danielle Stubbs, began dating in the spring of 2008.…
Also in this document: Concurrence.
2Cases cited39 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. WadeSupreme Court of the United States · 1967
- Kirby v. IllinoisSupreme Court of the United States · 1972
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3Cited by8 opinions
- Cecil Shyron King v. State of FloridaSupreme Court of Florida · 2018
- Cecil Shyron King v. State of FloridaSupreme Court of Florida · 2018
- GIVANNI TORRELL PARKS v. StateDistrict Court of Appeal of Florida · 2021
- Maqueira v. StateDistrict Court of Appeal of Florida · 2017
- SAMUEL M. WALKER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
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