Mark A. Twilegar v. State of Florida

Summary

The Supreme Court of Florida affirmed the denial of Mark A. Twilegar’s motion for postconviction relief from his first-degree murder conviction and death sentence. The court rejected his ineffective-assistance claims, public-records access and constitutional challenges, and other claims concerning juror misconduct and jury selection.

Holdings

1. The circuit court properly summarily denied the claims because they were legally insufficient or conclusively refuted by the record.
2. Twilegar failed to establish deficient performance or prejudice based on counsel's handling of the medical examiner's testimony and failure to call a defense forensic expert.
3. Counsel's decision not to call Twomey was a reasonable strategic decision because of concerns about Twomey's credibility, and the claim therefore failed.
4. Twilegar's facial and as-applied constitutional challenges failed because he did not show that he was denied access to records related to a colorable postconviction claim.

Questions Presented

1. Whether the circuit court properly summarily denied Twilegar's claims concerning juror misconduct and ineffective assistance during jury selection.
2. Whether trial counsel rendered ineffective assistance by inadequately challenging the State's forensic evidence.
3. Whether trial counsel rendered ineffective assistance by failing to call David Twomey as a witness.
4. Whether Florida Statutes section 119.19 and Florida Rule of Criminal Procedure 3.852 were facially or as-applied unconstitutional because they restricted access to public records sought for postconviction claims.

Disposition

affirmed