Dean Kilgore, Appellant v. State of Florida, Appellee; Dean Kilgore, Petitioner, v. Walter A. McNeil

Summary

The court affirmed the denial of Kilgore's postconviction motion and denied habeas relief, concluding that he failed to establish ineffective assistance of trial or appellate counsel, a Brady violation, or entitlement to relief based on mental retardation or the challenged postconviction procedures. The court held that the mitigation evidence presented after trial was cumulative, the allegedly suppressed material was neither withheld nor prejudicial, and the evidence supported the finding that Kilgore did not satisfy Florida's intellectual-functioning requirement. Justice Pariente, concurring in result, would have found deficient investigation of Kilgore's childhood and mental-health history but agreed that prejudice was not shown.