McMillian v. State
94 So. 3d 572
Fla.2012Background
- McMillian was convicted of premeditated first‑degree murder of Danielle Stubbs following a violent sequence including a shootout with police.
- Stubbs and McMillian dated in 2008; she moved to a townhome in early January 2009; McMillian helped with the move and discussed breaking up at Olive Garden.
- Stubbs was intoxicated at a nightclub the night before her murder, and McMillian’s gun was later linked to the killing.
- Evidence at Stubbs’ home showed a gunshot wound trajectory and shell casings consistent with McMillian firing the murder weapon, including a trail from the bedroom to the body.
- Hospital statements and trial testimony included conflicting accounts from McMillian about the events; a hospital confession and later defense testimony varied on details.
- The penalty phase included mitigation evidence and a jury recommendation of death; the trial court sentenced McMillian to death, finding two aggravators and several mitigators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judgment of acquittal denial standard | State contends evidence supports premeditated murder. | McMillian argues insufficient evidence of premeditation. | Denial affirmed; evidence supports premiditation. |
| Proportionality of the death sentence | State asserts death is appropriate given aggravators and circumstances. | McMillian argues sentence is disproportionate. | Death is proportionate under the totality of circumstances. |
| Sufficiency of the evidence for conviction | State maintains competent, substantial evidence supports murder conviction. | McMillian contends insufficient evidence. | Record contains competent, substantial evidence supporting conviction. |
Key Cases Cited
- Miller v. State, 42 So.3d 204 (Fla.2010) (premeditation may be formed in a moment; fully formed conscious purpose)
- Asay v. State, 580 So.2d 610 (Fla.1991) (premeditation as a factual issue; various standards of review)
- Pearce v. State, 880 So.2d 561 (Fla.2004) (circumstantial evidence of premeditation includes weapon, wounds, manner)
- Spencer v. State, 645 So.2d 377 (Fla.1994) (circumstantial evidence considerations for premeditation)
- Holton v. State, 573 So.2d 284 (Fla.1990) (premeditation factors and evidentiary considerations)
- Urbin v. State, 714 So.2d 411 (Fla.1998) (weight of prior violent felony in death penalty analysis)
- Rodgers v. State, 948 So.2d 655 (Fla.2006) (proportionality and similar cases with aggravators and mitigators)
- Bailey v. State, 998 So.2d 545 (Fla.2008) (death sentence upheld with weighty aggravators and weak mitigators)
- Blackwood v. State, 777 So.2d 399 (Fla.2000) (proportionality with mix of aggravators and mitigators in death cases)
- Pope v. State, 679 So.2d 710 (Fla.1996) (death sentence upheld where aggravators outweigh mitigators)