Supreme Court of Florida

Denial of postconviction relief of defendant convicted of and sentenced to death for first degree murder and armed robbery after his initial conviction and death sentence were overturned is affirmed where: 1) defendant's claim of ineffective assistance of counsel in failing to advocate the issue of competency is without merit; 2) defendant's claim of error concerning his Spencer hearing claim to be meritless; 3) trial court did not err in its ruling and any inability of current counsel to obtain the records was due primarily to defendant's own actions in refusing his counsel access; 4) although the trial court did not err in its ruling, the Florida Supreme Court order granting an extension of time in which to file an amended motion rendered defendant's motion timely for purposes of federal review; and 5) defendant's remaining claims are rejected.

Appellate Information

• Decided 12/10/2009
• Published 12/10/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Melissa Minsk Donoho and Steven J. Hammer, Fort Lauderdale, FL, for Appellant.


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