Supreme Court of Florida

Conviction for first-degree murder is affirmed, and death sentence vacated and remanded for resentencing, where: 1) the alleged ineffectiveness of defendant's guilt-phase counsel did not prejudice defendant, and he was not entitled to a new trial on that basis; but 2) penalty-phase counsel was ineffective for failing to properly investigate possible mitigating evidence, and defendant was prejudiced by this failure.

Appellate Information

• Decided 11/13/2008
• Published 11/13/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellant.


• For Appellees:
  
• Bill Jennings, Capital Collateral Regional Counsel, and Richard E. Kiley and James Viggiano, Jr., CCRC Staff Attorneys, Middle Region, Tampa, FL, for Appellee.