Hoskins v. State
Annotate this CaseDefendant was convicted of first-degree murder, burglary of a dwelling, sexual battery with physical force, kidnapping, and robbery. Defendant, a prisoner under sentence of death, appealed from the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851. Specifically, defendant contended that defense counsel provided constitutionally ineffective assistance in the penalty phase when (A) defense counsel failed to develop and present evidence that defendant suffered from intermittent explosive disorder; (B) defense counsel failed to use a mitigation specialist; and (C) defense counsel failed to present evidence of defendant's drug abuse as mitigation. The court held that defendant failed to meet his burden under Strickland v. Washington and because each of his claims of error failed individually, he was not entitled to relief for cumulative error. Accordingly, the court affirmed the denial of defendant's motion.
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