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   State Courts - Florida - January 22 - January 23, 2009
  
Kelley v. State, No. SC08-608, No. SC08-1083, SUPREME COURT OF FLORIDA, January 22, 2009, Decided
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Overview: It was proper to deny an inmate's Fla. R. Crim. P. 3.851 successive postconviction petition because an evidentiary hearing was not warranted on his Brady claim. There was no Brady violation when evidence disposition forms were neither favorable nor material to the inmate, and the State's failure to disclose them did not prejudice the inmate.

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Nixon v. State, No. SC07-953, SUPREME COURT OF FLORIDA, January 22, 2009, Decided
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Overview: Murder conviction and death sentence were upheld; defendant did not meet ? 921.137 Fla. Stat. definition of mental retardation, and once his IQ was found to be above 70, there was no obligation to consider remaining statutory factors. Definition was constitutional, and Equal Protection Clause did not require extension of Atkins to the mentally ill.

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Parker v. State, No. SC06-2176, SUPREME COURT OF FLORIDA, January 22, 2009, Decided
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Overview: Defendant was entitled to new penalty phase hearing; counsel failed to investigate and present mitigating childhood and mental health evidence. Uncontroverted evidence that he had a type of neuropsychological impairment that affected executive brain functions was available, but was not presented, and would have qualified as nonstatutory mitigation.

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Harris v. State, Case No. 2D08-571, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2009, Opinion Filed
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Mickens v. Damron, Case No. 2D08-658, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2009, Opinion Filed
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Rivera v. State, Case No. 2D08-974, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2009, Opinion Filed
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Siminski v. State, Case No. 2D07-5692, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2009, Opinion Filed
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