Supreme Court of Florida

In a death penalty case, an order denying inmate's successive motion to vacate his judgment and sentence and an order concluding that he is not mentally retarded under Florida Rule of Criminal Procedure 3.203 are affirmed where: 1) the circuit court did not err in finding that he does not function at a significantly subaverage intellectual level; 2) the trial court did not err in concluding that he failed to demonstrate the requisite deficits in adaptive functioning; and 3) ample evidence supported a finding that he failed to prove the onset of mental retardation before age 18.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Neal Dupree, Capital Collateral Regional Counsel, William M. Hennis, III, Assistant CCRC, Southern Region, Fort Lauderdale, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Sandra S. Jaggard, Assistant Attorney General, Miami, FL, for Appellee.