Parker v. State

This case is before the Court on appeal from an order denying a motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction of the appeal under article V, section 3(b)(1) of the Florida Constitution.

For the reasons explained below, we affirm the trial court’s denial of Parker’s guilt phase and evidentiary hearing claims, but reverse and remand for a new penalty phase…