Supreme Court of Florida

In a capital murder case, denial of postconviction relief is affirmed and petition for habeas relief is denied where: 1) petitioner failed to demonstrate that his counsel rendered deficient performance with respect to investigating petitioner's background and evaluating his mental health, or that he was prejudiced by it; 2) petitioner's claim that he received an inadequate mental health evaluation was procedurally barred; 3) the postconviction court was not required to take judicial notice of the ABA Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases; 4) an evidentiary hearing was not required on new evidence that would influence the weight given to age as a mitigating factor; and 5) petitioner raised no habeas claims that warranted relief.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Marie-Louis Samuels Parmer, Nathaniel Edwin Plucker, and Maria E. Deliberto, Assistant Capital Collateral Regional Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellee/Respondent.