Supreme Court of Florida

Robert Rimmer, Appellant v. State of Florida, Appellee; Robert Rimmer, Petitioner, v. Walter A. McNeil

December 16, 201035 Fla. L. Weekly Supp. 745

Summary

The court affirmed the denial of Rimmer’s postconviction motion and denied his habeas petition. It held that most asserted procedural, ineffective-assistance, disclosure, severance, mistrial, jury-instruction, and sentencing claims either lacked deficient performance, prejudice, or legal merit, although penalty-phase counsel performed deficiently by failing to obtain reasonably accessible records for the mental-health expert; that deficiency did not prejudice the death sentence. The court also concluded that the State had not established a material disclosure violation and that appellate counsel was not ineffective for omitting meritless claims.