Supreme Court of Florida

Defendant's petition for habeas relief from his capital murder conviction is denied and circuit court order denying his motion to vacate his conviction and sentence affirmed where: 1) defendant has not demonstrated Brady error; 2) defendant has not demonstrated Giglio error; 3) defendant fails to establish how trial counsel was ineffective; 4) defendant's claim that newly discovered evidence establishes a conflict of interest between the public defender's office and the state attorney's office is rejected; 5) the circuit court did not err in summarily denying defendant's first and second supplements, and various other claims; 6) circuit court did not abuse its discretion in denying defendant's motion to depose a suspect; 7) the circuit court did not abuse its discretion in denying the public records request; 8) circuit court did not err in summarily denying defendant's challenge to the constitutionality of the lethal injection; and 9) defendant's claim that the circuit court erred when in failed to remand for an additional resentencing after it struck the CCP aggravator in his resentencing direct appeal, is without merit.

Appellate Information

• Decided 09/16/2010
• Published 09/16/2010

Judges

• CANADY

Court

• Supreme Court of Florida

Counsel