Supreme Court of Florida

Michael Wayne Shellito v. State of Florida, Appellee Michael Wayne Shellito v. Michael D. Crews

July 3, 2013121 So. 3d 445

Summary

The court affirmed the denial of relief on Shellito’s guilt-phase claims, including ineffective-assistance, Brady, Giglio, jury-contact, and appellate-counsel claims. It reversed the denial of Shellito’s penalty-phase ineffective-assistance claim because counsel inadequately investigated and presented substantial mental-health and background mitigation, undermining confidence in the death sentence. The court vacated the death sentence and remanded for a new penalty-phase proceeding while denying habeas relief.