Shellito v. State

Michael Wayne Shellito appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As explained below, we affirm the postconviction court’s denial of relief as to Shellito’s guilt phase claims. We reverse the postconviction court’s denial of relief as to Shellito’s claim of ineffective assistance of trial counsel at the penalty phase. Accordingly, we vacate the…