Supreme Court of Florida

Denial of defendant's request for postconviction relief, following his conviction for first-degree murder and death sentence, is affirmed where: 1) trial court applied the correct newly discovered evidence standard and determined, in light of all the now available and admissible evidence, that the newly discovered evidence would not exonerate defendant; 2) a a report in a scientific journal presented by defendant does not constitute newly discovered evidence; 3) postconviction court did not err in denying production of the fingerprints and shoeprint evidence for additional testing, and that denial of the motion did not deprive defendant of due process; 4) no specific procedures are mandates in the clemency process and defendant has been provided with the clemency proceedings to which he is entitled; 5) defendant's claim of mental illness was procedurally barred, and even if the claim were not procedurally barred, it is without merit; 6) defendant's claim that execution after an inordinate length of time on death row is unconstitutional is without merit; and 7) defendant's claim that he is entitled to relief due to the leg shackles, when he insisted on wearing more noticeable belt restraints, is without merit.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• D. Todd Doss, Lake City, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, FL, for Appellee.