Nelson v. State, 73 So. 3d 77

Nelson was convicted by a jury of first-degree murder and robbery with a deadly weapon; jury recommended death 12–0; trial court imposed death and concurrent term for robbery.
The direct-appeal opinion summarized the murder facts, including planning to murder Owens, assault with a bat, stabbing, and disposal of the body.
Nelson and codefendant Brennan fled the state with Owens’ car; Nelson gave a recorded confession; blood DNA evidence matched Owens’ DNA.
In 2001 Nelson filed a shell motion under Florida Rule of Criminal Procedure 3.850; in 2009 he filed a second amended motion asserting ineffective assistance and newly discovered evidence claims.
The postconviction court conducted an evidentiary hearing and denied relief on all claims; Nelson appeals.
The court applies the Strickland standard for ineffective assistance of counsel under a mixed law-and-fact review and deferentially reviews factual findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for juror voir dire and trial strategy	Nelson argues trial counsel failed to secure a fair jury via cause strikes and peremptories	Brennan case shows no prejudice from jury composition; strategy reasonable	No merit; jurors affirmed ability to weigh factors; peremptory challenges speculative
Tattoo媒体 exposure and sequester during guilt/penalty phases	Counsel should have requested instructions or sequestration due to tattoo publicity	No deficiency; tattoo publicity could not be foreseen; jurors remained impartial	Not deficient; no prejudice from publicity; sequestration not required given jurors’ assurances
Failure to present additional remorse testimony	Counsel should have elicited remorse testimony from Nelson’s mother/stepfather	Unavailability and cumulative nature of evidence; strategic withholding was reasonable	No ineffective assistance; unavailability and cumulative testimony negate prejudice
Newly discovered evidence—codefendant Brennan’s life sentence	Brennan’s life sentence after direct appeal constitutes new evidence	Brennan’s ineligibility for death was legal, not due to Nelson’s case facts	Denied; Brennan’s life sentence not newly discovered evidence under controlling Florida standards

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes two-prong test for ineffective assistance of counsel)
Maxwell v. Wainwright, 490 So.2d 927 (Fla. 1986) (deferential standard; strong presumption of effective performance)
Sochor v. State, 883 So.2d 766 (Fla. 2004) (mixed questions of law and fact; de novo review of legal conclusions)
Jacobs v. State, 880 So.2d 548 (Fla. 2004) ( evidentiary hearing requirements under Rule 3.850; record-refutation when denied on record)
Pagan v. State, 29 So.3d 938 (Fla. 2009) (highly deferential standard to defense strategy and witness evaluation)
Busby v. State, 894 So.2d 88 (Fla. 2004) (juror impartiality and cause challenges; permissible to weigh juror bias)