Supreme Court of Florida
Harry Lee Butler v. State of Florida, Appellee Harry Lee Butler v. Kenneth S. Tucker
July 12, 2012100 So. 3d 638
Summary
The court affirmed the denial of Butler’s postconviction motion and denied his habeas petition. It held that Butler failed to establish deficient performance and prejudice concerning guilt-phase counsel, penalty-phase counsel, cumulative error, or appellate counsel, and that his lethal-injection and execution-competency claims were either meritless or not ripe. Justice Labarga, joined by Justices Pariente and Perry, concurred in affirming the guilt-phase rulings but would have granted a new penalty phase because counsel failed to investigate and present substantial mitigating evidence.