Supreme Court of Florida

Kenneth Allen Stewart, Appellant v. State of Florida, Appellee; Kenneth Allen Stewart, Petitioner, v. Walter A…

May 27, 201035 Fla. L. Weekly Supp. 287

Summary

The court affirmed the denial of Stewart’s postconviction motion and denied his habeas petition. It held that Stewart failed to establish deficient performance or prejudice from counsel’s investigation and presentation of mental-health and childhood mitigation, and failed to establish prejudice from counsel’s failure to object to penalty-phase testimony. The court also held that his appellate-counsel claims concerning lethal injection and penalty-phase jury instructions were procedurally barred or meritless. No separate opinions were filed.