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Supreme Court of Florida


Overton v. State of Florida, SC04-2071

In a capital murder case, denial of defendant's motions for postconviction relief and for postconviction DNA testing, as well as his petition for habeas relief, are affirmed and denied over claims of error regarding: 1) a denial of a full and fair evidentiary hearing at the postconviction stage; 2) ineffective assistance of trial counsel; 3) a Brady claim; 4) improper summary denial of various claims; 5) the partial denial of the motion for DNA testing; 6) ineffective assistance of appellate counsel; and 7) Ring and Apprendi violations with the death penalty statute.

Appellate Information

  • Decided 11/29/2007
  • Published 11/29/2007

Judges

  • PER CURIAM.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Neal A. Dupree, Capital Collateral Regional Counsel, Terri L. Backhus, Special Assistant CCR Counsel, and Christina L. Spudeas, Assistant CCR Counsel, Southern Region, Fort Lauderdale, FL, for Appellant/Petitioner.

  • For Appellees:
  • Bill McCollum, Attorney General Tallahassee, Florida, and Celia A. Terenzio, Assistant Attorney General, West Palm Beach, FL, for Appellee/Respondent.
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