Supreme Court of Florida

Denial of petitioner's motion to vacate his 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) whether it would be cruel and unusual punishment to execute a physically handicapped and mentally impaired individual; 2) various claims of ineffective assistance of counsel; 3) cumulative error; 4) the constitutionality of executing a physically handicapped and mentally ill individual; 5) the constitutionality of the death penalty statute; 6) the finding of the "under a sentence of imprisonment" aggravating circumstance; 7) petitioner's competency to be executed; and 8) ineffective assistance of appellate counsel.

Appellate Information

• Decided 11/15/2007
• Published 11/15/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill Jennings, Capital Collateral Regional Counsel, and David Dixon Hendry, Assistant CCRC, Middle Region, Tampa, FL, for Appellant/Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.