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Florida: grant of penalty phase relief

By cdw

The Florida Supreme Court today affirmed the grant of penalty phase relief in State v. Faunce Levon Pearce.   The reason for the grant of relief are, not unusual or surprising, counsel failed to adequately prepare for the penalty phase: We find there is competent, substantial evidence to support the trial court?s finding that counsel did not spend sufficient time to prepare for mitigation prior to Pearce?s waiver. In preparing for the penalty phase, counsel never investigated Pearce?s background, never interviewed members of Pearce?s family, and never investigated mental health issues. Therefore, counsel was unable to advise Pearce as to potential mitigation. Thus, the evidence supports the trial court?s finding that Pearce?s waiver of the presentation of mitigating evidence was not knowingly, voluntarily, and intelligently made...continue to full post

Full post as published by Capital Defense Weekly on November 13, 2008 (boomark / email).