Walton v. StateAnnotate this Case
Defendant was convicted on three counts of first-degree murder and sentenced to death on each count. Defendant appealed an order denying a second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851, claiming that he was deprived of effective trial counsel during the penalty phase because that phase was conducted before a jury that returned a death recommendation in violation of Porter v. McCollum. The court held that the trial level postconviction court properly denied defendant's second successive postconviction motion because the decision in Porter did not constitute a fundamental change in the law that mandated retroactive application under Witt v. State. Therefore, the court affirmed the judgment.