Gary Richard Whitton, Appellant v. State of Florida, Appellee; Gary Richard Whitton, Petitioner, v. Michael D…

Summary

The court affirmed the denial of Whitton’s postconviction motion and denied his habeas petition, concluding that he failed to establish Brady, Giglio, ineffective-assistance, juror-communication, mitigation, cumulative-error, or appellate-counsel claims. The court held that most claims were procedurally barred, refuted by the record, or failed because Whitton could not show deficient performance, materiality, or prejudice. The court also held that counsel’s apparent awareness of certain jury communications supported waiver of the prescribed per se rule. Chief Justice Labarga, concurring, would require stricter on-the-record procedures for handling jury inquiries under Rule 3.410.