& SC15-297 Donald Lenneth Banks v. State of Florida and Donald Lenneth Banks v. Julie L. Jones, etc.

Donald Lenneth Banks appeals the denial of 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. For the reasons that follow, we affirm the denial of his postconviction guilt phase claims, deny his habeas petition, but vacate his death sen*24tence, and remand for a new penalty-phase.1

I. BACKGROUND

Donald Lenneth Banks was convicted and sentenced to death for the 2005 murder of Linda Volum. This Court’s opinion on direct appeal included the following regarding the…