& SC16-341 Renaldo Devon McGirth v. State of Florida & Renaldo & Devon McGirth v. Julie L. Jones, etc.
209 So. 3d 1146
Fla.2017Background
- In 2006 McGirth (age 18) participated in a robbery at the Miller home; Diana Miller was shot and killed, James Miller survived. McGirth was convicted of first‑degree murder and related offenses; jury recommended death 11–1 and the trial court imposed death.
- Trial court found five aggravators (CCP, HAC, prior violent felony, robbery during commission, avoid arrest) and significant statutory mitigation for age; multiple nonstatutory mitigators were given limited weight.
- Postconviction counsel (CCRC‑M) filed a Rule 3.851 motion raising Brady/Giglio, ineffective assistance (guilt and penalty phases), newly discovered evidence, and other claims; the State conceded evidentiary hearings were required on several claims.
- McGirth sought to discharge collateral counsel and represent himself; the court conducted Nelson and Faretta inquiries, found counsel not ineffective, found McGirth competent, allowed self‑representation with CCRC‑M as standby, and later McGirth waived the evidentiary hearing.
- This appeal challenges the Nelson and Faretta inquiries, competency determinations, standby‑counsel appointment, waiver of the evidentiary hearing, and raises a Hurst claim in a habeas petition. The Florida Supreme Court affirmed denial of postconviction relief but granted habeas relief and vacated the death sentence, remanding for a new penalty phase under Hurst.
Issues
| Issue | Plaintiff's Argument (McGirth) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Adequacy of Nelson inquiry when McGirth sought to discharge collateral counsel | Nelson inquiry was insufficient because McGirth alleged counsel ineffectiveness and the court failed to probe specific complaints | Court fully inquired; counsel explained strategy and filings; no reasonable basis for substitute counsel | Nelson inquiry was sufficient; no relief granted on this ground |
| Adequacy of Faretta inquiry for self‑representation | Faretta colloquy was inadequate; McGirth’s waiver not knowing/voluntary | Court thoroughly warned of pitfalls, confirmed age/education/IQ/sobriety, and conducted multiple Faretta colloquies | Faretta inquiries were adequate; waiver was knowing and voluntary |
| Competency hearing and right to represent self at competency hearing | Court erred permitting McGirth to represent himself and failed to adequately adjudicate competency given concerning behaviors and expert conflict | Experts were appointed; court observed no reasonable doubt; Godinez standard applied; court resolved conflicting expert opinions | No abuse of discretion; defendant competent and allowed to proceed pro se at competency hearing |
| Hurst error and habeas relief (jury unanimity for death‑eligibility) | Hurst requires jury unanimity on facts making defendant death‑eligible; McGirth’s 11–1 recommendation renders penalty unreliable and not harmless | State argued aggravators/supporting findings and trial evidence justify death and that some aggravators were admitted or supported | Hurst error not harmless beyond a reasonable doubt; death sentence vacated and new penalty phase ordered |
Key Cases Cited
- Nelson v. State, 274 So.2d 256 (Fla. 1973) (procedure for inquiry when defendant seeks to discharge appointed counsel)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (constitutional right to self‑representation and need for court colloquy)
- Hurst v. Florida, 136 S. Ct. 616 (U.S. 2016) (Sixth Amendment requires jury, not judge, to find each fact necessary to impose death)
- Ring v. Arizona, 536 U.S. 584 (U.S. 2002) (jury factfinding requirement for death penalty aggravators)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (competency standard for waiver of counsel and standing trial)
- McGirth v. State, 48 So.3d 777 (Fla. 2010) (direct appeal affirming convictions and sentence)
- Mosley v. State, 209 So.3d 1248 (Fla. 2016) (Hurst applies retroactively to defendants whose sentences became final after Ring)