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McMILLIAN v. STATE

No. SC14-1796.

214 So.3d 1274 (2017)

Justin Ryan McMILLIAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

April 13, 2017.

Attorney(s) appearing for the Case

Ann E. Finnell of Finnell, McGuinness, Nezami, & Andux, P.A., Jacksonville, Florida; and Billy H. Nolas, Chief, Capital Habeas Unit, Office of the Federal Public Defender, Northern District of Florida, Tallahassee, Florida, for Appellant.

Pamela Jo Bondi, Attorney General, and Jennifer L. Keegan, Assistant Attorney General, Tallahassee, Florida, for Appellee.

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...

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