Supreme Court of Florida

A conviction for both first degree murder and burglary with an assault and battery in an occupied dwelling and a sentence to death, as well as denial of a motion for post-conviction relief, are affirmed over claims of error regarding: 1) summary denial of various subclaims of the successive Rule 3.851 motion; 2) a failure to discover information regarding statements made by a witness; 3) failure to investigate and subsequently present evidence that on the day of the murder it was common knowledge that the victim had been stabbed; 4) a failure to present evidence of a note that could contradict a claim regarding a conversation about the stabbing; 5) a failure to disclose certain information; 6) ineffective assistance of counsel in failing to question the general reliability of fingerprint evidence; 7) a failure to disclose information regarding the influence of an individual who allegedly orchestrated the investigation; 8) a failure to disclose manipulations with regard to a jailhouse informant; 9) a failure to analyze the claims of error cumulatively; 10) claims of factual innocence; 11) a failure of trial counsel and the state due to the fact that they involve newly discovered evidence of innocence; and 12) a denial of a motion to disqualify after the trial judge allegedly engaged in an improper ex parte communication with the state. (Revised opinion)

Appellate Information

• Decided 06/19/2008
• Published 09/29/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Martin J. McClain of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.


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