Summary
The Supreme Court of Florida affirmed the denial of Ronald Palmer Heath’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. The court rejected claims based on allegedly recanted codefendant testimony and ineffective assistance of counsel for failing to present a voluntary-intoxication defense, concluding that the recantation was not credible or outcome-determinative and that counsel reasonably selected an alibi strategy.
Topics
Practice areas
Questions Presented
- Whether Kenneth Heath's changed or recanted testimony constituted newly discovered evidence warranting a new trial or a life-sentence recommendation.
- Whether trial counsel rendered ineffective assistance by failing to investigate or present a voluntary-intoxication defense.
- Whether trial counsel rendered ineffective assistance by failing to investigate or present various penalty-phase mitigating circumstances, including antisocial personality disorder, substance abuse, physical abuse, domination by Kenneth, postmortem stabbing evidence, prison sexual assaults, emotional abuse, learning limitations, and emotional distress from a breakup.
- Whether trial counsel was ineffective for failing to challenge the felony-course-of-murder aggravator as an unconstitutional doubler.
- Whether trial counsel was ineffective for failing to request a penalty-phase special verdict form identifying aggravating circumstances.
- Whether trial counsel was ineffective for failing to challenge the indictment under Ring and Blakely.
- Whether Florida's capital sentencing scheme violated Ring by not requiring a unanimous jury recommendation for death.
- Whether Heath's challenge to the jury instruction concerning who killed Sheridan was procedurally barred in postconviction proceedings.
Holdings
- Heath was not entitled to a new trial or a life-sentence recommendation because Kenneth's recanted testimony was not credible and, even if credited, would not probably produce an acquittal, a lesser conviction, or a life sentence recommendation.
- Trial counsel was not ineffective for failing to present a voluntary-intoxication defense because counsel considered that defense and reasonably rejected it in favor of an alibi defense.
- Heath failed to establish ineffective assistance based on counsel's investigation and presentation of penalty-phase mitigation.
- The felony-course-of-murder aggravating circumstance is not an unconstitutional automatic aggravator or doubler, and counsel was not ineffective for failing to raise a meritless challenge.
- Heath's claims concerning a penalty-phase special verdict form, indictment notice of aggravators, and a unanimous jury recommendation did not establish ineffective assistance or constitutional error.
- Heath's challenge to the jury instruction was procedurally barred because jury-instruction claims ordinarily must be raised on direct appeal and were not preserved or raised there.
Key quotations
“We conclude that that the trial court's finding with regard to the credibility of Kenneth's recantation is supported by competent, substantial evidence, and we affirm this determination.” (3 So. 3d at 1025)
“We conclude that even if Heath received a new trial, Kenneth's recanted testimony is not of such nature that it would probably produce an acquittal of Heath or even a conviction on a lesser charge.” (3 So. 3d at 1026)
“In light of the foregoing, we affirm the holding of the postconviction court that trial counsel was not ineffective for failing to present a voluntary intoxication defense.” (3 So. 3d at 1029)
Factual background
Heath and his brother Kenneth lured Michael Sheridan to an isolated area after discussing robbing him. Kenneth shot Sheridan, and Heath participated in the robbery and urged Kenneth to shoot Sheridan again; Heath also attacked Sheridan's neck with a knife. Heath was convicted of first-degree murder and related offenses and sentenced to death. In postconviction proceedings, Kenneth offered testimony that altered the order and circumstances of the wounds, and Heath presented expert and family testimony concerning potential defenses and mitigation.
Procedural history
Heath was convicted of first-degree murder and related offenses and sentenced to death in the trial court. The Supreme Court of Florida affirmed his convictions and sentences on direct appeal in 1994. Heath later filed an initial Rule 3.851 motion, which was amended to assert twenty claims; after an evidentiary hearing on nine claims, the postconviction court denied relief. The Supreme Court of Florida affirmed.