Supreme Court of Florida

Brett A. Bogle, Appellant v. State of Florida, Appellee; Brett A. Bogle, Petitioner, v. Julie L. Jones

February 9, 2017213 So. 3d 833

Summary

The court affirmed the denial of Bogle’s amended postconviction motion and denied habeas relief. It held that suppressed information about a possible accomplice was favorable but immaterial, that the asserted ineffective-assistance, conflict-of-interest, newly discovered evidence, and prosecutorial-misconduct claims did not warrant relief, and that appellate counsel was not ineffective for omitting meritless or unpreserved claims. The court also held that the capital-sentencing challenge was unavailable because the later constitutional rule did not apply retroactively to Bogle’s final conviction. Pariente, J., concurring in part and dissenting in part, would have granted a new penalty phase under the later capital-sentencing rule.