PEEDE vs. STATE OF FLORIDA
Supreme Court of Florida
____________
No. SC04-2094
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ROBERT IRA PEEDE,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
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No. SC05-1885
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ROBERT IRA PEEDE,
Petitioner,
vs.
JAMES R. MCDONOUGH, etc.,
Respondent.
[January 11, 2007]
STORY CONTINUED FROM PART I……..
The circuit court denied all of Peede's claims regarding his counsel's ineffectiveness. The court primarily found that Peede refused to provide his counsel with names of witnesses who could present mitigating evidence. Second, the court found that trial counsel's actions in attempting to locate and interview background witnesses were adequate, especially in the face of Peede's lack of cooperation. Third, the court held that the testimony of three postconviction defense mitigation witnesses established that Peede had always been an angry and suspicious person and this evidence would not have been helpful to Peede. Finally, the court found that Dr. Kirkland's testimony would not have been enhanced even if he had been provided more background information.
Ineffectiveness under Strickland
Following the United States Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), this Court has held that for ineffective assistance of counsel claims to be successful, two requirements must be satisfied:
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 fairness and reliability of the proceeding that confidence in the outcome is undermined. A court considering a claim of ineffectiveness of counsel need not make a specific ruling on the performance component of the test when it is clear that the prejudice component is not satisfied.
Maxwell v. Wainwright, 490 So. 2d 927, 932 (Fla. 1986) (citations omitted). Because both prongs of the Strickland test present mixed questions of law and fact, this Court employs a mixed standard of review, deferring to the circuit court's factual findings that are supported by competent, substantial evidence, but reviewing the circuit court's legal conclusions de novo. See Sochor v. State, 883 So. 2d 766, 771-72 (Fla. 2004).
Trial counsel has an obligation to conduct a reasonable investigation into mitigation. Strickland, 466 U.S. at 691; see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). Counsel's conduct should be judged by a reasonableness standard under prevailing professional norms. For example, the U.S. Supreme Court has consistently cited ABA Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases for capital defense counsel. However, there is a strong presumption that trial counsel's performance was not ineffective. See Strickland, 466 U.S. at 690. â€
