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Supreme Court of Florida


Cherry v. State of Florida, SC02-2023

In a first degree murder and death penalty case, an order denying defendant's second motion for postconviction relief and an order concluding that he is not mentally retarded are affirmed over claims of error regarding newly discovered evidence and a challenge to a determination that he was not mentally retarded in accordance with the definition set forth in Florida Statutes section 921.137(1).

Appellate Information

  • Decided 04/12/2007
  • Published 04/12/2007

Judges

  • PER CURIAM.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Linda McDermott of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, FL and Kenneth S. Nunnelley, Senior Assistant Attorney General, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee.
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