Allen v. State

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The Supreme Court affirmed the order of the circuit court denying Appellant’s motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding, among other things, that Appellant’s attorney was not ineffective for failing to investigate and present certain mitigation evidence. Appellant was convicted of kidnapping and first-degree murder and sentence of death. In her motion for postconviction relief Appellant raised fourteen initial claims and then amended her motion to add a Hurst claim. The trial court denied the motion in its entirety. The Supreme Court affirmed, holding that trial counsel’s performance was not deficient, the State did not commit a Giglio violation, and Appellant was not entitled to a new penalty phase under Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst v. State, 202 So. 3d 40 (Fla. 2016). View "Allen v. State" on Justia Law