Ronnie Ferrell, Appellant, Cross-Appellee v. State of Florida, App — Canady, J., Concurring in Part and Dissenting…

Summary

The separate opinion concurs in denying habeas relief and affirming the denial of guilt-phase ineffective-assistance claims, but would reverse the grant of a new penalty phase. It reasons that Ferrell failed to prove deficient performance or prejudice because the record did not establish what counsel advised him about mitigation or that further investigation would have changed his decision to present no mitigation. The author concludes that the death sentence should not be disturbed.