McLean claim in Florida

2019See Fiore, 967 So. 2d at 999 (“There is a significant lack of similarity between the charged offense and [the victim]'s allegations, and it is difficult to envision that this evidence can satisfy the McLean standard.”). 9 prosecutor spent more than half (“seven out of twelve pages”) of his opening statement discussing the collateral crimes, and then in his closing argument, the prosecutor improperly “used the [collateral crimes] evidence to argue that [the defendant] committed the charged crime because he was a sexual predator.” Accordingly, we reject Pitts’s argument that the collateral crime

2019See Fiore, 967 So. 2d at 999 (“There is a significant lack of similarity between the charged offense and [the victim]'s allegations, and it is difficult to envision that this evidence can satisfy the McLean standard.”). 9 prosecutor spent more than half (“seven out of twelve pages”) of his opening statement discussing the collateral crimes, and then in his closing argument, the prosecutor improperly “used the [collateral crimes] evidence to argue that [the defendant] committed the charged crime because he was a sexual predator.” Accordingly, we reject Pitts’s argument that the collateral crime

2014Bell v. State, 965 So.2d 48, 75 (Fla.2007) ("[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail." (quoting Griffin v. State, 866 So.2d 1, 22 (Fla.2003))).

2014Johnston v. State, 63 So.3d 730, 747 (Fla.2011) (holding that the defendant’s habeas claim was procedurally barred because it could have been or was raised in his postconviction motion); Knight v. State, 923 So.2d 387, 395 (Fla.2005) (holding that claims raised in a postconviction motion “cannot be relit-igated in a habeas petition”).

2014See, e.g., Kimbrough v. State, 125 So.3d 752, 754 (Fla.), cert. denied, — U.S. —, 134 S.Ct. 632 , 187 L.Ed.2d 412 (2013) (“[The defendant’s] claim ‘is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.’ ” (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013))); Parker v. State, 904 So.2d 370, 383 (Fla.2005) (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2014Bell v. State, 965 So.2d 48, 75 (Fla.2007) ("[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail." (quoting Griffin v. State, 866 So.2d 1, 22 (Fla.2003))).

2014Johnston v. State, 63 So.3d 730, 747 (Fla.2011) (holding that the defendant’s habeas claim was procedurally barred because it could have been or was raised in his postconviction motion); Knight v. State, 923 So.2d 387, 395 (Fla.2005) (holding that claims raised in a postconviction motion “cannot be relit-igated in a habeas petition”).

2014See, e.g., Kimbrough v. State, 125 So.3d 752, 754 (Fla.), cert. denied, — U.S. —, 134 S.Ct. 632 , 187 L.Ed.2d 412 (2013) (“[The defendant’s] claim ‘is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.’ ” (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013))); Parker v. State, 904 So.2d 370, 383 (Fla.2005) (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2014See, e.g., Kimbrough v. State, 125 So.3d 752, 754 (Fla.), cert. denied, — U.S. —, 134 S.Ct. 632 , 187 L.Ed.2d 412 (2013) (“[The defendant’s] claim ‘is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.’ ” (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013))); Parker v. State, 904 So.2d 370, 383 (Fla.2005) (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2014See, e.g., Kimbrough v. State, 125 So.3d 752, 754 (Fla.), cert. denied, — U.S. —, 134 S.Ct. 632 , 187 L.Ed.2d 412 (2013) (“[The defendant’s] claim ‘is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.’ ” (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013))); Parker v. State, 904 So.2d 370, 383 (Fla.2005) (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2014See, e.g., Kimbrough v. State, 125 So.3d 752, 754 (Fla.), cert. denied, — U.S. —, 134 S.Ct. 632 , 187 L.Ed.2d 412 (2013) (“[The defendant’s] claim ‘is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.’ ” (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013))); Parker v. State, 904 So.2d 370, 383 (Fla.2005) (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2013See State v. Tameris, 54 So.3d 619, 621 (Fla. 5th DCA 2011) (quashing a circuit court’s order denying the state’s motion to introduce similar fact evidence of unlawful sexual activity with a minor, but remanding to permit the court to address other McLean factors in future proceedings).

1998McLean Sav. & Loan Ass'n v. Winslow Loudermilk Corp., 469 So.2d 217, 218 (Fla. 5th DCA 1985) (citations omitted).