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Crittenden Orange Blossom Fruit v. Marvin Stone

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eBook details

  • Title: Crittenden Orange Blossom Fruit v. Marvin Stone
  • Author : Supreme Court of Florida
  • Release Date : January 10, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Ted Herring appeals the trial courts denial of his motion for postconviction relief under rule 3.850, Florida Rules of Criminal Procedure. The motion sets forth two claims: (1) that our decision in Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, 484 U.S. 1020, 108 S. Ct. 733, 98 L. Ed. 2d 681 (1988), receding from the application of the cold, calculated, and premeditated aggravating factor, as we applied it in Herrings direct appeal,{/Cite} requires a vacation of Herrings death sentence; and (2) that Herrings trial counsels appointment as a special deputy sheriff resulted in ineffective assistance of counsel in Herrings trial proceeding.{/Cite} For the reasons expressed, we affirm the denial of relief on the first claim and remand to the trial court for an evidentiary hearing on the second claim.


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