Supreme Court of Florida

Partial grant of petitioner's motion for postconviction relief, in which her sentence of death was vacated, is affirmed over the state's claim that the trial court erred in granting her a resentencing due to her counsel's ineffectiveness because plaintiff prevented her counsel from investigating potential mitigation evidence. Partial denial of the motion for postconviction relief and a petition for habeas relief are affirmed and denied, respectively, over claims that: 1) the postconviction trial court erred when it denied a claim that jury instructions constituted a constructive amendment or fatal variance to the indictment; 2) trial counsel was conflicted and ineffective during the guilt phase; 3) the cumulative effect of procedural and substantive errors deprived her of a fundamentally fair trial; and 4) she was denied effective assistance of appellate counsel.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Kenneth S. Nunnelley, Senior Assistant Attorney General, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellant/Cross-Appellee/Respondent., Bill Jennings, Capital Collateral Regional Counsel, and David Dixon Hendry, Assistant CCRC, Middle Region, Tampa, FL, for Appellee/Cross-Appellant/Petitioner.