William James Deparvine v. State of Florida
146 So. 3d 1071
| Fla. | 2014Background
- William Deparvine was convicted of two counts of first-degree murder and one count of armed carjacking for the 2003 Van Dusen killings and sentenced to death.
- The Florida Supreme Court affirmed direct appeal convictions and sentences after evaluating trial errors and proportionality.
- Deparvine filed an initial postconviction motion under Rule 3.851; an evidentiary hearing was held; the circuit court denied relief on numerous claims.
- The postconviction court addressed twenty-one ineffective-assistance claims, several constitutional challenges to Florida’s capital sentencing scheme, and newly discovered evidence arguments.
- Deparvine also filed a habeas corpus petition asserting ineffective assistance of appellate counsel; the Court denied relief on all claims.
- The Court concludes that the postconviction court’s denials were correct and denies habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC claim: failure to call Gibson | Gibson’s credibility would have aided innocence | Counsel reasonably declined due to impeachment risk | Claim not proven; strategic decision reasonable |
| IAC claim: failure to call Dacosta | Dacosta testimony could undermine State theory | Testimony would be confusing or unhelpful | No deficient performance or prejudice |
| IAC claim: failure to move for judgment of acquittal / indictment theory | Counsel should challenge indictment scope and vehicle identity | Arguments were raised or rejected on direct appeal; no prejudice | No deficient performance; evidence supported conviction |
| IAC claims re Lanier, Ferris, and related impeachment | Counsel failed to adequately impeach key witnesses | Counsel impeached effectively; strategic choices were reasonable | No reversible error; claims fail |
| Constitutional challenges to Florida’s capital sentencing (Ring/Apprendi, proportionality, etc.) | Ring/Apprendi errors and proportionality void death sentences | Claims procedurally barred or meritless; prior felonies sustain verdict | Claims are procedurally barred or meritless; sentences affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Sup. Ct. 1984) (two-prong ineffective assistance standard; strong presumption of reasonableness)
- Simmons v. State, 105 So.3d 475 (Fla. 2012) (Strickland mixed standard; guidance on postconviction review)
- Pardo v. State, 108 So.3d 558 (Fla. 2012) (Eighth Amendment lethal injection framework; no new evidentiary hearing required)
- Troy v. State, 57 So.3d 828 (Fla. 2011) (procedural bar and merits analysis for Bar rule and Caldwell-related claims)
