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

Summary

The court affirmed the denial of Kilgore’s rule 3.850 motion and denied habeas relief, rejecting his claims of ineffective assistance of trial and appellate counsel, a Brady violation, mental retardation, constitutional defects in the mental-retardation procedure, and other procedurally barred or meritless claims. The court held that the postconviction court’s factual findings were supported by competent, substantial evidence and that Kilgore failed to establish deficient performance, prejudice, material suppression, or entitlement to relief under the applicable constitutional standards. Justice Pariente, concurring in the result, would have found deficient investigation of Kilgore’s background but agreed that Kilgore failed to establish prejudice.