& SC16-922 Terry Marvin Ellerbee, Jr. v. State of Florida & Terry Marvin Ellerbee, Jr. v. Julie L. Jones

Summary

The court affirmed the denial of relief on Ellerbee's guilt-phase ineffective-assistance claims, concluding that he failed to establish deficient performance, prejudice, or a viable unpresented defense. It held that penalty-phase counsel performed deficiently by failing to investigate and present substantial evidence of paternal abuse, neglect, substance abuse, and related mental-health mitigation, and that the omission prejudiced the sentencing determination. The court also granted habeas relief because the nonunanimous death recommendation did not satisfy the governing capital-sentencing requirements, vacated the death sentence, and remanded for a new penalty phase.