AGUIRRE-JARQUIN v. STATE

Nos. SC13-2092, SC14-1332.

202 So.3d 785 (2016)

Clemente Javier AGUIRRE-JARQUIN, Appellant, v. STATE of Florida, Appellee. Clemente Javier Aguirre-Jarquin, Petitioner, v. Julie L. Jones, etc., Respondent.

Supreme Court of Florida.

October 27, 2016.


Attorney(s) appearing for the Case

Maria E. DeLiberato and Julissa Rosalyn Fontán , Assistant Capital Collateral Regional Counsel — Middle Region, Tampa, FL; Marie-Louise Samuels Parmer of The Samuels Parmer Law Firm, Tampa, FL; Lindsey C. Boney, IV , Ashley B. Burkett , and Kevin C. Newsom of Bradley Arant Boult Cummings, LLP, Birmingham, AL; and Nina Morrison of Innocence Project, New York, NY, for Appellant/Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL; and James Donald Riecks , Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.

Elliot H. Scherker of Greenberg Traurig, P.A., Miami, FL; Barry Scott Richard of Greenberg Traurig, P.A., Tallahassee, FL; and Karen Marcia Gottlieb , Coconut Grove, FL, for Amicus Curiae Former Prosecutors and Government Lawyers Who Sought the Death Penalty at Trial or Defended Capital Convictions on Appeal.


Clemente Javier Aguirre-Jarquin ("Aguirre") appeals the denial of his motions to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851, and he also petitions this Court for a writ of habeas corpus.1

I. BACKGROUND

In 2006, Aguirre...

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