Patrick C. Hannon v. State of Florida and

Consistent with my previous dissents,71 conclude that Hurst8 should apply retroactively to Hannon’s sentence, and because Hannon’s jury never heard the substantial mitigation that could have been presented if his counsel had performed a reasonable investigation, I would not rely on the jury’s unanimous recommendation for death to conclude that the Hurst error is harmless beyond a reasonable doubt. See Kaczmar v. State, 228 So.3d 1, 16-17, 2017 WL 410214, *11 (Fla. Jan. 31, 2017) (Pariente, J,, concurring in part, dissenting in part). This Court has made clear that the death penalty “must be…