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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.
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