Kerney v. State

WELLS, Judge.

In these eases, which we consolidate, we address Parrish Kerney’s appeal from an order denying his Florida Rule of Criminal Procedure 3.850 post-conviction motion and his Florida Rule of Appellate Procedure 9.141(d)(5) petition for habeas corpus relief. For the following reasons, we affirm denial of his Rule 3.850 motion but grant his petition for habeas corpus relief and remand this matter to the court below for a new trial.

In July of 2002, Kerney was indicted for the first degree murder and strong arm robbery of Claudette Andrews. Ms. Andrews was found in her ransacked home…