Douglas v. Tucker (Revised Opinion)
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Petitioner was convicted of the 1999 sexual battery and first-degree murder of an eighteen-year-old and sentenced to death. The Supreme Court affirmed his convictions and sentences. Petitioner subsequently appealed the denial of his motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851 and simultaneously petitioned for a writ of habeas corpus. The Supreme Court affirmed the postconviction court's denial of relief and denied Petitioner's habeas petition, holding (1) Defendant failed to carry his burden of demonstrating he was prejudiced by trial counsel's deficient performance in preparation for the penalty phase; (2) Rule 3.851, which imposes a one-year time limit for filing motions for postconviction relief, is not unconstitutional; (3) Florida's capital sentencing statute is not unconstitutional; and (4) certain omissions by his appellate counsel on direct appeal did not constitute ineffective assistance of appellate counsel.
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