Supreme Court of Florida
Darling v. State of Florida, SC04-2379, SC05-2020
Denial of a motion to vacate a conviction of first-degree murder and sentence of death and a petition for habeas relief are affirmed and denied, respectively, over claims of error regarding: 1) ineffective assistance of counsel; 2) whether execution by lethal injection constitutes cruel and unusual punishment; 3) whether the execution will be cruel and unusual punishment due to defendant's incompetence at the time of execution; 4) DNA evidence discovery violation; 5) abandoned claims; and 6) claims raised for preservation purposes only.
Appellate Information
- Decided 07/12/2007
- Published 07/12/2007
Judges
- PER CURIAM.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- Bill Jennings, Capital Collateral Regional Counsel, David Dixon Hendry and Mark S. Gruber, Assistant CCR Counsel, Middle Region, 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.