Supreme Court of Florida

Derrick McLean, Appellant v. State of Florida, Appellee; Derrick McLean, Petitioner, v. Michael D. Crews

June 19, 2014147 So. 3d 504

Summary

The court affirmed the denial of McLean’s post-conviction motion and denied his habeas petition. It held that McLean failed to establish deficient performance or prejudice regarding counsel’s handling of eyewitness identification, the destroyed crime-tip recording, or ADHD-related mitigation, and that his remaining claims were procedurally barred, speculative, premature, or foreclosed by existing law. The court also rejected his challenge to Florida’s simple-majority death recommendation procedure.