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PUIATTI v. STATE

Case No. SC05-1877.

939 So.2d 1060 (2006)

CARL PUIATTI, Appellant(s) v. STATE OF FLORIDA, Appellee(s).

Supreme Court of Florida.

September 11, 2006.

This case is before the Court on a successive motion for postconviction relief. We affirm the trial court's order.

Puiatti first asserts a retroactive change in the law governing claims of ineffective assistance of penalty phase counsel. We reject his argument that Rompilla v. Beard, 125 S.Ct. 2456 (2005), and Wiggins v. Smith, 529 U.S. 510 (2003), are retroactive under the criteria of Witt v. State

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