Supreme Court of Florida

A decision of the circuit court granting in part and denying in part defendant's motion for postconviction relief is affirmed and his petition for habeas relief in a first-degree murder case is denied over claims of error regarding ineffective assistance of counsel and a Ring/Apprendi claim. The supreme court affirms the trial court's determination that, in light of the available mental health mitigation evidence, trial counsel's failure to further investigate, prepare, and present such evidence to the jury constituted ineffective assistance of counsel during the penalty phase.

Appellate Information

• Decided 10/12/2006
• Published 10/12/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellees:
  
• Todd G. Scher, Law Office of Todd G. Scher, P.L., Miami, FL, for Appellant/Cross-Appellee., Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Debra Rescigno and Melanie Dale Surber, Assistant Attorneys General, West Palm Beach, FL, for Appellee/Cross-Appellant.