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Supreme Court of Florida


Preston v. State of Florida, SC05-781, SC06-351

Denial of defendant's motion to vacate his conviction of first-degree murder and his death sentence, and his petition for a writ of habeas corpus, are affirmed and denied, respectively, over various procedurally barred or meritless claims and claims of error regarding: 1) newly discovered DNA evidence; 2) ineffective assistance of resentencing counsel; 3) cumulative error; 4) ineffective assistance of appellate counsel; and 5) petitioner's potential incompetency at the time of execution.

Appellate Information

  • Decided 05/31/2007
  • Published 05/31/2007

Judges

  • PER CURIAM.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Bill Jennings, Capital Collateral Regional Counsel-Middle Region, Robert T. Strain and David R. Gemmer, Assistant CCRC, Tampa, FL, for Appellant/Petitioner.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, FL, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.
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