Blanco claim in Florida

2017Fla. Dec. 7, 2010) (rejecting Blanco’s claim that felony murder aggravator was unconstitutional (citing Blystone v. Pennsylvania, 494 U.S. 299 (1990))).

2017Fla. Dec. 7, 2010) (rejecting Blanco’s claim that felony murder aggravator was unconstitutional (citing Blystone v. Pennsylvania, 494 U.S. 299 (1990))).

2019In denying Blanco’s motion to strike the IME report, the JCC relied on Heckford v. Fla. Dep’t of Corrections, 699 So. 2d 247 (Fla. 1st DCA 1997) (finding IME report admissible under the business records exception).

2007Blanco, 702 So.2d at 1251 -52 & n. 4. [6] On appeal, Blanco raised seven issues: the trial court erred in (1) refusing him the mental health expert of his choice, (2) refusing to instruct on the statutory mitigator of extreme duress, (3) improperly giving weight to the previous jury's death recommendation; (4) giving insufficient weight to the mitigating circumstance of impoverished background; (5) that the death sentence lacked proportionality; (6) that the murder in the course of a felony aggravator is unconstitutional; and (7) that the death penalty constitutes cruel and unusual punishment.

2007Blanco, 702 So.2d at 1251 -52 & n. 4. [6] On appeal, Blanco raised seven issues: the trial court erred in (1) refusing him the mental health expert of his choice, (2) refusing to instruct on the statutory mitigator of extreme duress, (3) improperly giving weight to the previous jury's death recommendation; (4) giving insufficient weight to the mitigating circumstance of impoverished background; (5) that the death sentence lacked proportionality; (6) that the murder in the course of a felony aggravator is unconstitutional; and (7) that the death penalty constitutes cruel and unusual punishment.

2007Blanco, 507 So.2d at 1380 .

2007Ineffective assistance of counsel claims are governed by Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2007Ineffective assistance of counsel claims are governed by Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2007NOTES [1] Blanco raised nine issues on appeal: the trial court erred (1) in denying the motion to suppress evidence, (2) in denying admission of evidence of a prior armed robbery committed in the neighborhood, (3) in announcing its ruling on a previously argued motion in Blanco's absence, (4) in allowing Blanco to call witnesses against defense counsel's advice, (5) in denying Blanco's motion to suppress witness identification testimony, (6) in allowing the State to impeach Blanco with statements that had been suppressed under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (

2007NOTES [1] Blanco raised nine issues on appeal: the trial court erred (1) in denying the motion to suppress evidence, (2) in denying admission of evidence of a prior armed robbery committed in the neighborhood, (3) in announcing its ruling on a previously argued motion in Blanco's absence, (4) in allowing Blanco to call witnesses against defense counsel's advice, (5) in denying Blanco's motion to suppress witness identification testimony, (6) in allowing the State to impeach Blanco with statements that had been suppressed under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (

1993Rather, counsel "`first must evaluate potential avenues and advise the client of those offering potential merit.'" Id. at 1502 (quoting Thompson v. Wainwright, 787 F.2d 1447, 1451 (11th Cir.1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 825 (1987)).

1993Rather, counsel "`first must evaluate potential avenues and advise the client of those offering potential merit.'" Id. at 1502 (quoting Thompson v. Wainwright, 787 F.2d 1447, 1451 (11th Cir.1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 825 (1987)).