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Florida grant of penalty phase relief

By Karl R. Keys, Esq.

The Florida Supreme Court on Thursday affirmed the grant of penalty phase relief in Rodney Tyrone Lowe v. State, No. SC05-633, on the basis of trial counsel’s failure to discover and present evidence that another person, and not the Condemned, had confessed to civilian witnesses that he, and not Mr. Lowe, was the real killer. [more] Lowe asserted that counsel was ineffective in the penalty phase for failing to discover and present evidence that before trial Blackmon admitted to Lisa Miller and Ben Carter that he, not Lowe, shot and killed the victim. In its order denying a new guilt phase, but granting a new penalty phase, the trial court applied Strickland and first found that counsel was deficient for failing to present the testimony of Carter and Miller during the penalty phase...continue to full post

Full post as published by Capital Defense Weekly on November 06, 2008 (boomark / email).