Supreme Court of Florida

Ronnie Ferrell, Appellant, Cross-Appellee v. State of Florida, Appellee, Cross-Appellant; Ronnie Ferrell…

January 14, 201035 Fla. L. Weekly Supp. 53

Summary

The court affirmed the denial of Ferrell's guilt-phase postconviction claims and denied his habeas petition. It also affirmed the order granting a new penalty phase because counsel failed to investigate and present mitigation, rendering Ferrell's waiver uninformed and creating a reasonable probability that additional mitigation could have changed the closely divided death recommendation. Justice Canady, joined by Justice Polston, dissented from the new-penalty-phase ruling, concluding that Ferrell failed to prove deficient performance or prejudice.