Orme v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of premeditated or felony murder, robbery, and sexual battery. The jury recommended the death penalty by a vote of seven to five. The trial judge followed the recommendation and sentenced Defendant to death. Defendant appealed his death sentence. The Supreme Court affirmed. Defendant later filed the instant motion for postconviction relief, presenting, inter alia, ineffective assistance of counsel. The postconviction court denied all claims. Defendant appealed the denial of his motion, raising claims of ineffective assistance of resentencing phase counsel and ineffective assistance of postconviction counsel. Defendant also petitioned for a writ of habeas corpus, alleging ineffective assistance of appellate counsel. The Supreme Court vacated Defendant’s death sentence and remanded for a new penalty phase, holding that Defendant was entitled to a new penalty phase pursuant to Hurst v. Florida, as interpreted by the Court’s decision in Hurst v. State.
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