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STATE v. DAVIS

Nos. SC02-803, SC03-186.

872 So.2d 250 (2004)

STATE of Florida, Appellant/Cross-Appellee, v. Henry Alexander DAVIS, Appellee/Cross-Appellant. Henry Alexander Davis, Petitioner, v. James V. Crosby, Jr., etc., Respondent.

Supreme Court of Florida.

Rehearing Denied April 21, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Scott A. Brown, Assistant Attorney General, Tampa, FL, for Appellant/Cross-Appellee, Petitioner.

Leslie Anne Scalley, Assistant CCRC and Marie-Louise Samuels Parmer, Assistant CCRC, Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Appellee/Cross-Appellant, Respondents.

PER CURIAM.

This case comes to us as a State appeal of a trial court order granting a new penalty phase on Davis's motion for postconviction relief, a cross-appeal by Davis of the denial by the trial court of a new guilt phase, and a petition by Davis for a writ of habeas corpus.1 The trial court ordered a new penalty phase after concluding that Davis's trial counsel was ineffective in failing to adequately investigate and present evidence...

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