Harry Lee Butler v. State of Florida, Appellee Harry Lee Butler v. — Labarga, J., Concurring in Part and Dissenting…

Summary

Justice Labarga concurred with the majority’s affirmation of the denial of post‑conviction relief on the guilt phase, but dissented from the affirmation of the denial of relief on the claim of ineffective assistance of counsel in the penalty phase. He argues that counsel’s performance was deficient and prejudicial, citing Porter and other precedents, and would reverse Butler’s death sentence and remand for a new penalty phase. The opinion does not alter the majority’s overall affirmation.