Wilcox v. State / Wilcox v. Secretary, Department of Corrections
The Florida Supreme Court affirmed the denial of a capital defendant's initial 3.851 postconviction motion and denied his habeas petition, rejecting claims of ineffective assistance at the penalty phase, a Faretta/competency-to-waive-counsel claim, Brady/Giglio claims, a Jones newly-discovered-evidence claim based on DNA lab issues, and multiple challenges to State v. Poole's continued validity (including a novel argument based on Erlinger v. United States and a Bouie due-process retroactivity theory). The Court also rejected a 'class-of-one' equal protection/due process argument regarding disparate Hurst-resentencing treatment and an argument under Simmons v. United States that counsel's inaction forced him to choose between his speedy trial and counsel rights.
Key facts
- Wilcox, a capital defendant, filed an initial 3.851 postconviction motion and habeas petition challenging his death sentence on multiple grounds, including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, newly discovered DNA evidence, and various challenges to State v. Poole's continued validity.
- The trial court denied the 3.851 motion and habeas petition; Wilcox appealed, raising novel constitutional arguments including an Erlinger-based challenge to Poole, a Bouie due-process retroactivity theory, a 'class-of-one' equal protection claim regarding disparate Hurst-resentencing treatment, and a Simmons v. United States argument regarding counsel and speedy trial rights.
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Why it matters
This opinion is useful to capital postconviction practitioners because it squarely rejects several novel theories for undermining or avoiding State v. Poole's retroactivity/framework, including an Erlinger-based… — full analysis with a trial
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