Charles C. Peterson v. State of Florida

154 So. 3d 275, 2014 WL 2882801
CourtSupreme Court of Florida
DecidedJune 26, 2014
DocketSC12-1442, SC13-47
StatusPublished
Cited by19 cases

This text of 154 So. 3d 275 (Charles C. Peterson v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles C. Peterson v. State of Florida, 154 So. 3d 275, 2014 WL 2882801 (Fla. 2014).

Opinions

PER CURIAM.

Charles C. Peterson 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.

[278]*278BACKGROUND

Trial

Peterson was convicted and sentenced to death for the murder of John Cardoso. Peterson v. State, 2 So.3d 146 (Fla.2009). On direct appeal, we set forth the relevant factual and procedural background as follows:

Karen Smith testified that she worked as an assistant manager at a Big Lots in St. Petersburg, Florida, on the evening of December 24, 1997. She testified that while she and two other employees were in the store’s office after the store closed at 6 p.m., she heard a “ruckus.” She explained that when she opened the locked office door, she was immediately confronted by a man pointing a gun at her.... He wore a “nylon scarf” over his face and off-white latex gloves. Soto described the man as black, between five feet six inches and five feet eight inches tall, and noted that he wore latex gloves.
[Ms. Smith and Maria Soto] testified that the man escorted the three employees from the office through the employee break room into the stockroom. The man held the gun to Smith’s head as they walked. Smith testified that John Cardoso, another employee, was lying on the floor of the break room when they entered. Soto testified that the man forced her and the other employees to step over Cardoso.... Smith testified that after collecting money from the office, the man moved everyone into the break room and made them lie on the floor near Cardoso’s body. The man then exited through the store’s back emergency exit, which he previously had Smith unlock. After the man left, Soto and [Wanda] Church got up to seek help.
Officer Richard L. McKee, of the City of St. Petersburg Police Department, testified that when he arrived at Big Lots at approximately 6:30 p.m. on December 24, 1997, he found a shooting victim lying face down in a break room and three other individuals who appeared to be in shock also lying face down in the room with their hands behind their heads.

Id. at 148-49.

On July 27, 2005, the jury found Peterson guilty of first-degree murder by general verdict. The trial court conducted a one-day penalty phase during which the State and the defense presented evidence.

Id. at 151.

On July 29, 2005, the jury recommended the death sentence by an' eight-to-four vote. After conducting a hearing pursuant to Spencer v. State, 615 So.2d 688 (Fla.1993) ... the trial court followed the jury’s recommendation and sentenced Peterson to death.

Id. at 152 (citation omitted). The trial court found and assigned weight to the following aggravation:

(1) Peterson was under a sentence of imprisonment at the time of the murder — life parole for three 1981 robberies (assigned great weight); (2) Peterson was previously convicted of a violent felony, based on thirteen convictions, resulting in a total of nine life sentences (assigned great weight); and (3) Peterson committed the murder during the commission of a robbery (assigned significant weight).

Id.

The trial court found the age statutory mitigating factor, despite Peterson’s age of thirty-eight at the time of the offense, based on expert testimony that he functioned at the emotional level of a [279]*279fourteen- to sixteen-year-old. This factor was given little weight.
The nonstatutory mitigating factors were: (1) Peterson had a low to normal IQ (assigned little weight); (2) Peterson had some limited mental impairment (assigned little weight); (8) Peterson had a good relationship with at least two family members (assigned some weight); (4) Peterson had a consistent work history (assigned some weight); and (5) Peterson had an exemplary disciplinary record in jail and likely will behave properly when placed in prison (assigned little weight).

Direct Appeal

On direct appeal, Peterson raised six issues:

(A) the trial court erred by admitting evidence of three collateral robberies; (B) death by lethal injection constitutes cruel and unusual punishment; (C) his death sentence is disproportionate; (D) the trial court erred in denying defense counsel’s motion for a new penalty phase due to the presentation of evidence and argument that Peterson lacked remorse; (E) Florida’s capital sentencing process is unconstitutional pursuant to Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002); and (F) the penalty-phase jury instructions unconstitutionally shifted the burden of proof to the defendant.

Peterson, 2 So.3d at 152-53. In addition, this Court reviewed the sufficiency of the evidence to support the conviction. Id. at 153. We affirmed Peterson’s conviction of first-degree murder and his death sentence. Id.

Postconviction Motion for Relief

On or about September 21, 2010, Peterson filed a postconviction motion in the circuit court, raising four claims: (1) trial counsel was ineffective for failing to strike five biased jurors either for cause or by exercising a peremptory challenge, thus violating Peterson’s rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and equivalent provisions of the Florida Constitution; (2) trial counsel was ineffective for failing to object to improper comments, arguments and other conduct of the State and request curative instructions and mistrial, and for failing to investigate exculpatory evidence, thus violating Peterson’s constitutional rights; (3) trial counsel was ineffective during the penalty phase for failing to object to or limit testimony and evidence, thus violating Peterson’s constitutional rights; and (4) the effect of cumulative errors denied Peterson his constitutional -rights. After an evidentiary hearing on the three substantive claims of the four raised, held on December 12, 13, and 14, 2011, the postconvietion court denied relief.

Peterson now appeals, claiming that the postconviction court erred by denying Peterson’s claim that his trial counsel was ineffective for: (1) failure to strike five biased jurors either for cause or by exercising peremptory challenges; (2) failure to object to improper comments, arguments and other conduct of the State and request curative instructions and mistrial, and for failing to investigate affirmative evidence of innocence; (3) failure to present available mitigation evidence during the penalty phase; and (4) by denying relief based on the cumulative effect of counsel’s errors. Peterson also petitions this Court for a writ of habeas corpus, claiming ineffective assistance of appellate counsel.

[280]*280ANALYSIS

Any claim that defense counsel provided ineffective assistance at trial must be analyzed under the standard articulated in Strickland v. Washington, 466 U.S. 668, 104 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
154 So. 3d 275, 2014 WL 2882801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-c-peterson-v-state-of-florida-fla-2014.