Holland v. State

• Decision Date: 10 November 2005
• Docket Number: No. SC04-34.,No. SC03-1033.,SC03-1033.,SC04-34.
• Citation: 916 So.2d 750
• Parties: Albert HOLLAND, Appellant, v. STATE of Florida, Appellee. Albert Holland, Petitioner, v. James V. Crosby, Jr., etc., Respondent.
• Court: Florida Supreme Court

916 So.2d 750

Albert HOLLAND, Appellant, v. STATE of Florida, Appellee.

Albert Holland, Petitioner, v. James V. Crosby, Jr., etc., Respondent.

No. SC03-1033.

No. SC04-34.

Supreme Court of Florida.

November 10, 2005.

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Bradley M. Collins, Fort Lauderdale, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Debra Rescigno, Assistant Attorney General, West Palm Beach, FL, for Appellee/Respondent.

PER CURIAM.

Albert Holland appeals an order of the circuit court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. We affirm the circuit court's order denying Holland's rule 3.851 motion and deny Holland's petition for a writ of habeas corpus.

FACTS AND PROCEDURAL HISTORY

The relevant facts of the case are as follows:¹ On July 29, 1990, Holland attacked a woman and ran off after a witness interrupted the attack. Police officers responding to the call found the woman semiconscious with severe head wounds. Pompano Beach police officer Scott Winters and other officers began searching for the man believed to have been involved in the attack. A short time later, witnesses saw Officer Winters struggling with Holland. During the struggle, Holland grabbed Officer Winters' gun and shot him. Officer Winters died of gunshot wounds to the groin and lower stomach area.

Holland was convicted of first-degree murder, armed robbery, sexual battery, and attempted first-degree murder. The jury recommended death by a vote of eleven to one. The trial court sentenced Holland to death. On direct appeal, this Court reversed Holland's conviction due to the erroneous admission of expert medical testimony concerning an examination of Holland by a State psychiatrist. The court found that the examination took place in violation of Holland's right to counsel and right to remain silent.

On retrial, Holland was convicted of first-degree murder, armed robbery, attempted sexual battery, and attempted first-degree murder. The jury recommended death by a vote of eight to four. The trial court found the following aggravating circumstances: (1) the defendant was previously convicted of a felony involving the use or threat of violence to a person; (2) the capital felony was committed while the defendant was engaged in the commission of, or in an attempt to commit, or in flight after committing or attempting to commit the crime of robbery or an attempt to commit the crime of sexual battery or both; and (3)(a) the crime was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody, merged with (3)(b) the victim of the capital felony was a law enforcement officer engaged in the performance of his legal duties. The court did not find that any statutory mitigating circumstances were established but did find the existence of two nonstatutory mitigating circumstances: (1) history of drug and alcohol abuse (little weight) and (2) history of mental illness (little weight). The trial court concluded that the aggravators outweighed the mitigators and sentenced Holland to death.

Holland raised twenty-two claims on direct appeal from his conviction and death sentence in his second trial.² This Court found no merit in any of his claims, and on October 5, 2000, it affirmed both the convictions and the sentences, including the sentence of death. Pursuant to Florida Rule of Criminal Procedure 3.851, Holland filed a motion to vacate judgment and sentence in the Circuit Court of the Seventeenth Judicial Circuit.

The Lower Court's Order

Holland raised eight claims in his motion for postconviction relief.³ The trial court held an evidentiary hearing on claims III and VIII, pursuant to Huff v. State, 622 So.2d 982 (Fla.1993). At this hearing, the court determined that claims III and VIII were without merit and that the remaining claims were either legally insufficient, refuted by the record, or procedurally barred. Holland now appeals the trial court's denial of relief. He also petitions this Court for a writ of habeas corpus.

MOTION FOR POSTCONVICTION RELIEF UNDER RULE 3.851

In his 3.851 motion for postconviction relief, Holland alleges two claims involving ineffective assistance of counsel and one claim involving the trial court's summary denial of some of his claims. We consider each in turn and find that all are without merit.

1. CONCESSION OF GUILT CLAIM

Holland's first claim of ineffective assistance of counsel is based on his trial counsel's concession of guilt to attempted first-degree murder without Holland's express, prior consent. We find that the standard in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), applies to this claim and that this claim is without merit.⁴

This Court has recently reiterated the standard we apply to claims of ineffective assistance of counsel:

Following the United States Supreme Court's decision in Strickland [v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)], this Court held that for ineffective assistance of counsel claims to be successful, two requirements must be satisfied:

A claim of ineffective assistance of counsel, to be considered meritorious, must include two general components. First, the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards. Second, the clear, substantial deficiency shown must further be demonstrated to have so affected the proceeding that confidence in the outcome is undermined.

Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986).

. . . [Furthermore] [t]he defendant alone carries the burden to overcome the presumption of effective assistance: "[T]he defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" [Strickland, 466 U.S. at 689-90, 104 S.Ct. 2052.]

State v. Duncan, 894 So.2d 817, 823 (Fla.2004), cert. denied, ___ U.S. ___, 126 S.Ct. 397, 163 L.Ed.2d 275 (2005).

Applying this standard to Holland's case shows that his argument is without merit. Defense counsel did not simply concede Holland's guilt. Instead, during closing argument, defense counsel acknowledged Holland's damaging trial testimony in which Holland effectively admitted each element of the crime, and counsel argued that Holland was not guilty by reason of insanity. Additionally, Holland's trial testimony was basically consistent with significant, damaging testimony from the victim and two eyewitnesses. Under the unique facts of this case, we conclude that defense counsel's "assistance was reasonable considering all the circumstances." Strickland, 466 U.S. at 688, 104 S.Ct. 2052.

2. FAILURE TO PROPERLY INVESTIGATE MITIGATION EVIDENCE CLAIM

Holland's second claim involving ineffective assistance of counsel alleges that his penalty phase counsel was ineffective because the sole defense investigator did not investigate Holland's background or social history to discover evidence of mitigating factors. While we recognize that "the obligation to investigate and prepare for the penalty portion of a capital case cannot be overstated," State v. Lewis, 838 So.2d 1102, 1113 (Fla.2002), and that attorneys have a "strict duty to conduct a reasonable investigation of a defendant's background for possible mitigating evidence," Ragsdale v. State, 798 So.2d 713, 716 (Fla.2001) (quoting State v. Riechmann, 777 So.2d 342, 350 (Fla.2000)), we find this claim is without merit. Holland has not established that any unpresented mitigation actually existed; therefore, there is no evidence his counsel was deficient or that he was prejudiced by this deficiency.

In evaluating claims that counsel was ineffective for failing to present mitigating evidence, this Court requires that the defendant bear the burden of establishing that counsel's ineffectiveness "deprived the defendant of a reliable penalty phase proceeding." Asay v. State, 769 So.2d 974, 985 (Fla.2000) (quoting Rutherford v. State, 727 So.2d 216 (Fla.1998)). The principal concern, as recognized by the United States Supreme Court, is not whether a case was made for mitigation but whether the "investigation supporting counsel's decision not to introduce mitigating evidence . . . was itself reasonable" from counsel's perspective at the time the decision was made. Wiggins v. Smith, 539 U.S. 510, 523, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). In conducting our review, we accord deference to the trial court's findings of fact that are supported by competent, substantial evidence. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999).

We also note two maxims that assist our review. First, counsel cannot be deemed deficient for failing to investigate or present mitigation evidence unless the defendant establishes that mitigation exists. Gore v. State, 846 So.2d 461, 469-70 (Fla.2003) (holding, in part, that defendant failed to prove his ineffectiveness claim by failing to present any evidence at the evidentiary hearing from witnesses he claimed would be helpful). Second, defense counsel cannot be deemed deficient for failing to present cumulative evidence. Gudinas v. State, 816 So.2d 1095, 1106 (Fla.2002) (finding that trial counsel was not ineffective for failing to present evidence in mitigation that was cumulative to evidence already presented in mitigation).

Employing these maxims, as well as the relevant case law, we find that Holland has failed to establish that his counsel's conduct warrants a new penalty phase proceeding. Penalty phase counsel explained that he considered Holland's background not only in his review of the records but also in speaking with Holland and Holland's father. While we recognize that counsel failed to make use of...