Stone v. State

ACTING JUSTICE PLEICONES:

I respectfully dissent.

I agree with the majority that appellate counsel was deficient in failing to properly appeal meritorious objections made at petitioner’s resentencing hearing regarding Sergeant Kuba-la’s wife’s suicide testimony. However, in my opinion, appellate counsel’s error prejudiced petitioner. I would find the widow’s suicide statement inadmissible under the United States Supreme Court’s test for constitutionally permissible penalty phase testimony. And in my opinion, had appellate counsel properly raised the issue on appeal, there is a reasonable…