Teffeteller v. Dugger

Decision Date04 March 1999
Docket Number No. 120., No. 73, No. 241, No. 77, No. 89, No. 646
Citation734 So.2d 1009
PartiesRobert Allan TEFFETELLER, Petitioner, v. Richard L. DUGGER, etc., Respondent. Robert Allan Teffeteller, Appellant, v. State of Florida, Appellee.
CourtFlorida Supreme Court

John W. Moser, Capital Collateral Regional Counsel-Middle Region, and James H. Walsh, Assistant Capital Collateral Regional Counsel-Middle Region, Tampa, Florida; and Martin J. McClain, Chief Assistant CCRC, Stephen M. Kissinger and Judith Dougherty, Assistant CCRC, and Deborah K. Nimmons, Staff Attorney, Tallahassee, Florida, and Terri L. Backhus, Special Assistant CCRC, Tampa, Florida, for Petitioner/Appellant.

Robert A. Butterworth, Attorney General, and Richard B. Martell, Tallahassee, Florida, Kenneth S. Nunnelley, Barbara C. Davis and Margene A. Roper, Daytona Beach, Florida, Assistant Attorneys General, for Respondent/Appellee.

PER CURIAM.

Robert Allan Teffeteller, a prisoner under sentence of death, appeals the trial court's order denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Teffeteller also petitions this Court for a writ of habeas corpus. We have jurisdiction pursuant to article V, section 3(b)(1) and (9) of the Florida Constitution. For the reasons explained below, we affirm the trial court's denial of postconviction relief and we deny relief under the habeas petition.

Teffeteller was convicted of first-degree murder and sentenced to death. On appeal, this Court affirmed his conviction but vacated the death sentence and remanded for a resentencing before a jury because of improper and prejudicial prosecutorial comments. See Teffeteller v. State, 439 So.2d 840 (Fla.1983)

. Following the jury's recommendation, the judge sentenced Teffeteller to death. On appeal, this Court affirmed the death sentence. See Teffeteller v. State, 495 So.2d 744 (Fla.1986).

Teffeteller filed a 3.850 motion, which the trial court denied without evidentiary hearing. He then filed a motion for rehearing alleging a newly discovered "Howard Pearl" issue. Pearl had served as a special deputy sheriff in Marion County during the time that he was Teffeteller's defense counsel at his original trial. Teffeteller claimed that this constituted a conflict of interest. The circuit court denied the motion for rehearing without an evidentiary hearing and denied the Pearl issue based upon this Court's decision in Harich v. State, 573 So.2d 303 (Fla.1990).1 In April 1992, this Court ordered the chief judge of the Seventh Judicial Circuit to consolidate all cases in which the Pearl conflict claim was raised. Teffeteller's Pearl claim was consolidated with those of eight other appellants. Teffeteller's appeal of the trial court's denial of his 3.850 motion and his petition for habeas corpus relief were held in abeyance pending resolution of the Pearl issue.

After an evidentiary hearing, the trial court issued an order finding that Pearl's special deputy sheriff status did not conflict with his duties as an assistant public defender. Teffeteller, along with the consolidated appellants, appealed the trial court's denial of relief on this claim. This Court determined that the proceeding below was procedurally flawed and violated the appellants' right to due process. See Teffeteller v. Dugger, 676 So.2d 369, 371 (Fla.1996)

. We vacated the trial court's order denying relief and remanded for individual hearings within six months of the Court's opinion. Id. The Court also stated that the appellants were entitled to an evidentiary hearing of those claims "which raise ineffective assistance of trial counsel that `are not conclusively rebutted by the record and which demonstrate a deficiency in performance that prejudiced the defendant.'" Id. (quoting Roberts v. State, 568 So.2d 1255, 1259 (Fla.1990)). We declined to rule on Teffeteller's pending habeas petition in light of the disposition of his 3.850 appeal. Id.

After this Court's opinion was issued, Teffeteller moved to dismiss his appellate counsel. This Court granted the motion and ordered the circuit court to conduct a Faretta2 hearing. During that hearing, Teffeteller explained that he did not want to represent himself, but instead wanted to be represented by counsel other than the Office of Capital Collateral Representative (CCR).3 The trial court explained that Teffeteller's choices were limited to accepting CCR counsel, finding his own private counsel, or proceeding pro se. Teffeteller decided to accept CCR counsel.

A hearing was held on September 9-10, 1996, to determine whether Teffeteller's trial counsel, Howard Pearl, had a conflict of interest or provided ineffective assistance as a result of his status as a special deputy sheriff. The hearing was limited to the Pearl issue. Teffeteller introduced the testimony of four witnesses: the records custodian for the Marion County Sheriffs Department; the former Marion County Sheriff; the Volusia County Sheriff; and Howard Pearl. At the end of the hearing, the judge requested memoranda from the parties within thirty days as to any remaining claims. On September 18, 1996, the judge issued an order denying Teffeteller relief as to the Pearl issue. Teffeteller's counsel filed a motion for an extension of time in which to file a memorandum as to the remaining issues; that motion was subsequently denied. Teffeteller's counsel never filed a memorandum of law and on October 8, 1996, filed a notice of appeal. However, Teffeteller filed several pro se motions, claiming that the September hearing was invalid because he was not represented by conflict-free counsel, that pursuant to this Court's opinion he was entitled to an evidentiary hearing as to numerous other claims, and that the circuit court had improperly severed the Pearl claim from his other claims and limited the evidentiary hearing to only the Pearl claim. The State filed a memorandum in response, claiming that, unlike the other appellants that were involved in the Pearl issue, Teffeteller had no remaining outstanding rule 3.850 claims to be decided and that his claims either were procedurally barred, failed to properly demonstrate ineffective assistance of counsel, or were refuted by the record. On January 8, 1997, the judge issued an order denying Teffeteller's pro se motion for rehearing.

Teffeteller now appeals the trial court's denial of his motion for postconviction relief. We have also reopened Case No. 77,646 to consider Teffeteller's appeal of the denial of the non-Pearl issues raised in his original rule 3.850 motion.4 We also consider Teffeteller's petition to this Court for a writ of habeas corpus. Both the appeal of the original rule 3.850 motion and the habeas petition were held in abeyance pending resolution of the Pearl issue.

Rule 3.850 Appeal

Teffeteller raises twenty-one issues relating to the trial court's denial of his rule 3.850 motion. Teffeteller claims that: (1) the trial court erred in summarily denying his rule 3.850 motion without an evidentiary hearing and without attaching portions of the record that conclusively establish that no relief was warranted; (2) trial counsel Howard Pearl's status as a special deputy sheriff constituted an undisclosed conflict of interest; (3) counsel was ineffective during the guilt phase proceedings; (4) Teffeteller was denied the right to dismiss counsel; (5) counsel was ineffective during the penalty phase proceedings; (6) Teffeteller was denied effective and adequate mental health assistance due to counsel's ineffectiveness; (7) counsel was ineffective for failing to timely seek disqualification of Judge Foxman; (8) Teffeteller's statements that were admitted at trial were obtained in violation of his right to remain silent and right to counsel; (9) he was illegally seized and transported to Florida without compliance with the Uniform Extradition Act and counsel's failure to fully litigate this issue was deficient performance; (10) Georgia law enforcement personnel seized and searched his car without an arrest warrant and counsel failed to effectively litigate this claim; (11) the felony murder instruction was constitutionally deficient; (12) the prosecutor made improper comments during the trial and closing arguments in both the guilt and penalty phase proceedings and counsel's failure to address these comments was ineffective assistance; (13) the prosecutor made improper comments during the hearing and during penalty phase closing arguments and counsel's failure to address these comments was ineffective assistance; (14) the prosecutor introduced nonstatutory aggravating factors and counsel's failure to object, argue, or rebut these factors was ineffective assistance; (15) instruction and argument on aggravating circumstances that the crime was committed during a robbery and for pecuniary gain constituted doubling and counsel was ineffective for failing to object; (16) Teffeteller's death sentence rests upon the automatic aggravating circumstance of "in the course of a felony"; (17) his death sentence constitutes cruel and unusual punishment under Enmund5 and Tison6; (18) the sentencing court refused to find mitigating circumstances that were set forth in the record; (19) the jury instruction shifted the burden to Teffeteller to establish that the mitigating circumstances outweighed the aggravating circumstances, the prosecutor argued that Teffeteller was required to produce evidence and prove mitigating circumstances, and counsel was ineffective for failing to object; (20) the jury instructions and prosecutor arguments diluted the jurors' sense of responsibility for sentencing in violation of Caldwell7 and counsel was ineffective for failing to object; and (21) at the resentencing, the jury was improperly presented with evidence of crimes committed after the instant homicide and counsel was ineffective for failing to object.

In his first claim, Teffeteller contends that the trial court erred in denying his motion...

To continue reading

Request your trial
148 cases
  • Wright v. State
    • United States
    • Florida Supreme Court
    • July 3, 2003
    ...as a special deputy in similar circumstances and held that neither a per se nor actual conflict of interest existed. See Teffeteller v. Dugger, 734 So.2d 1009 (Fla.1999); Quince v. State, 732 So.2d 1059 (Fla.1999); Harich v. State, 573 So.2d 303 Wright also asserts that Pearl's alleged conf......
  • Mincey v. Sec'y, Fla. Dep't of Corr.
    • United States
    • U.S. District Court — Middle District of Florida
    • July 28, 2020
    ...to raise meritless claims or claims that had no reasonable probability of affecting the outcome of the proceeding." Teffeteller v. Dugger, 734 So. 2d 1009, 1023 (Fla. 1999).. . . .Defendant asserts his counsel was ineffective for misleading the jury during her opening statements. In her ope......
  • Johnson v. Fla. Dep't of Corr.
    • United States
    • U.S. District Court — Northern District of Florida
    • July 18, 2018
    ...for failing to raise a meritless claim. See Farina v. State, 937 So. 2d 612, 619 n.5 (Fla. 2006) (quoting Teffeteller v. Dugger, 734 So. 2d 1009, 1023 (Fla. 1999) for the proposition that "Trial counsel cannot be deemed ineffective for failing to raise meritless claims or claims that had no......
  • Thompson v. State
    • United States
    • Florida Supreme Court
    • April 13, 2000
    ...v. Singletary, 656 So.2d 424, 425 (Fla.1995) (quoting Pope v. Wainwright, 496 So.2d 798, 800 (Fla. 1986)); see, e.g., Teffeteller v. Dugger, 734 So.2d 1009, 1027 (Fla.1999). We have previously rejected a similar claim that appellate counsel was ineffective for failing to have transcribed po......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT