Rimmer v. State
59 So. 3d 763
| Fla. | 2010Background
- Rimmer and codefendant Parker robbed Audio Logic in Wilton Manors (May 2, 1998), resulting in two murders; multiple related felonies followed (armed robbery, kidnapping, attempted armed robbery, aggravated assault).
- Rimmer was convicted of two counts of first-degree murder and sentenced to death; additional sentences were imposed for nine other felonies.
- Direct appeal affirmed most convictions and sentences but struck HAC as aggravating (harmless error); some prior evidentiary issues were noted, including a ruling on a rebuttal witness.
- Postconviction relief under Florida Rule 3.851 led to an evidentiary Huff hearing; six claims were selected for an evidentiary hearing and were denied in the circuit court.
- Rimmer pursued a petition for writ of habeas corpus; this Court reviews the 3.851 denial and habeas claims, upholding the denial of postconviction relief and habeas corpus relief.
- The Court ultimately affirms the circuit court’s denial of postconviction relief and denies the habeas petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Guilt-phase and penalty-phase counsel performance | Rimmer | Rimmer | No reversal; most claims lack prejudice under Strickland; some mitigation investigation deficient but not prejudicial. |
| Brady and discovery claims | Rimmer | State did not withhold favorable material; no Brady violation | Brady claim rejected; undisclosed items not proven favorable or material. |
| Public records and witness testimony rulings | Rimmer | Trial court acted within discretion; discovery rulings proper | No reversible error in rulings on witnesses and records. |
| Appellate counsel ineffectiveness claims on habeas | Rimmer | Claims meritless; no prejudice shown | Appellate counsel not ineffective. |
| Jury instructions and aggravating factors | Rimmer | Instructions proper; aggravating factors properly considered | No fundamental error; no basis for relief. |
Key Cases Cited
- State v. Lewis, 656 So.2d 1248 (Fla.1994) (permissible pre-hearing discovery factors in postconviction)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- DiGuilio, 491 So.2d 1129 (Fla.1986) (harmless error test for evidentiary ruling)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (requirement of disclosure of favorable evidence)
- Garzon v. State, 980 So.2d 1038 (Fla.2008) (and/or jury instruction; fundamental error analysis)