Supreme Court of Florida

Eric Simmons v. State of Florida, Appellee Eric Lee Simmons v. Ken — Polston, J., Concurring in Part and Dissenting…

October 18, 2012105 So. 3d 475

Summary

Chief Justice Polston concurs with the majority in denying Simmons' habeas petition and affirming the denial of his guilt‑phase claims, but dissents from the remand for a new penalty phase, holding that Simmons' voluntary limitation of mitigation evidence means his counsel was not ineffective.