Supreme Court of Florida

In a first-degree murder case, conviction and order for a new penalty phase are affirmed, and petition for habeas relief is denied, where: 1) trial counsel rendered effective assistance, but defendant suffered from ineffective assistance of counsel in the penalty phase; 2) defendant's claims of newly-discovered evidence and a Brady violation did not merit vacating his conviction; and 3) habeas relief was not warranted on defendant's claims of ineffective assistance of counsel, unconstitutionality of the capital-sentencing law, and unconstitutionality of the use in sentencing of prior convictions for crimes committed when under age 18.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Neal A. Dupree, Capital Collateral Regional Counsel, Rachel L. Day and Caroline E. Kravath, CCR Counsel, Southern Region, Fort Lauderdale, FL, for Appellant/Cross-Apellee/Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, Leslie T. Campbell and Lisa-Marie Lerner, Assistant Attorneys General, West Palm Beach, FL, for Appellee/Cross-Appellant/Respondent.