136 So. 3d 1122
Fla.2014Background
- Hendrix, a death-sentenced inmate, seeks relief from a circuit-court denial of his successive 3.851 postconviction motion.
- He faced execution on April 23, 2014, for two murders, two conspiracies, and one armed burglary; direct appeal upheld most convictions.
- Florida Supreme Court previously denied postconviction and habeas relief in 2005; current motion follows a death warrant in 2014.
- Hendrix challenged trial judge bias via a disqualification motion that the court denied; direct appeal found no actual bias.
- He asserted ineffective assistance for failure to present mitigation; claims were previously raised and rejected, procedurally barred on successive motion grounds.
- He alleged a Brady violation for withholding impeachment evidence; court previously found no prejudice and barred as relitigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bias of the trial judge | Hendrix argues bias in the trial judge. | State asserts lack of bias; prior ruling affirmed no partiality. | Procedurally barred; no merit. |
| Ineffective assistance—mitigation | Counsel failed to present mitigation evidence. | Strategic decisions not to present evidence were reasonable. | Procedurally barred; no merit. |
| Brady impeachment evidence | State concealed impeachment material about a confidential informant. | Evidence withholding was improper but prejudice insufficient. | Procedurally barred; no prejudice shown. |
| Ability to file additional postconviction motions | Circuit court improperly limited future motions. | No newly discovered evidence presented; motion lacks merit. | Without merit. |
Key Cases Cited
- Hendrix v. State, 908 So. 2d 412 (Fla. 2005) (prior postconviction denial; habeas relief denied)
- Pardo v. State, 108 So. 3d 558 (Fla. 2012) (procedural bar for relitigating claims on successive motions)
- Van Poyck v. State, 116 So. 3d 347 (Fla. 2013) (procedural bar; relitigation of claims)
- Hendrix v. State, 637 So. 2d 916 (Fla.) (direct appeal upheld convictions; some charges vacated)
