Supreme Court of Florida

Trial court's order summarily denying defendant's third successive motion to vacate his death sentence is affirmed where: 1) summary denial of defendant's ineffective assistance of counsel claim was proper because it was procedurally barred and because the claim does not present newly discovered evidence; 2) summary denial of defendant's claim that the Florida death penalty statute is arbitrary and capricious as applied to defendant was proper; and 3) trial court properly dismissed defendant's claim that executing him would be cruel and unusual punishment because he may be incompetent at the time of execution, as under rule 3.811(c) and section 922.07, defendant must exhaust his administrative remedies before he can raise the issue in court.

Appellate Information

• Decided 02/09/2010
• Published 02/09/2010

Judges

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill Jennings, Capital Collateral Regional Counsel, and Richard E. Kiley, James Viggiano, and Andrew Ali Shakoor, Assistant CCR Counsel, Middle Region, Tampa, Florida, for Appellant


• For Appellees:
  
• Bill McCollum, Attorney General, and Carol M. Dittmar, Senior Assistant Attorney General, and Stephen D. Ake, Assistant Attorney General, Tampa, Florida, for Appellee