Supreme Court of Florida

Denial of defendant's motion to vacate a murder conviction and death sentence is affirmed over claims of error regarding: 1) denial of a new trial and new penalty phase based on newly discovered DNA evidence; 2) exclusion of the results of "mock jury" presentations conducted using the new evidence; 3) denial of a new trial on grounds that the evidence suggesting he raped the victim constituted a fatal variance from or constructive amendment of the indictment; and 4) cumulative error.

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• John W. Jennings, Capital Collateral Regional Counsel-Middle Region, David Dixon Hendry and Mark S. Gruber, Assistant CCR Counsel, Tampa, FL, for Appellant., Nina Morrison and Barry C. Scheck, New York, New York, on behalf of The Innocence Project, Inc.;   and Milton Hirsch of Hirsch and Markus, LLP, Miami, FL, on behalf of The Florida Association of Criminal Defense Lawyers, Miami Chapter, for Amicus Curiae.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley, Senior Assistant Attorney General, Daytona Beach, FL, for Appellee.