Puiatti v. Dugger

589 So. 2d 231, 1991 WL 194206
CourtSupreme Court of Florida
DecidedOctober 3, 1991
Docket74865, 76211
StatusPublished
Cited by11 cases

This text of 589 So. 2d 231 (Puiatti v. Dugger) 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
Puiatti v. Dugger, 589 So. 2d 231, 1991 WL 194206 (Fla. 1991).

Opinion

589 So.2d 231 (1991)

Carl PUIATTI, Petitioner,
v.
Richard L. DUGGER, et al., Respondents.
Carl PUIATTI, Appellant,
v.
STATE of Florida, Appellee.

Nos. 74865, 76211.

Supreme Court of Florida.

October 3, 1991.
Rehearing Denied December 12, 1991.

*232 Steven A. Reiss, Miranda S. Schiller and Leah A. Hofkin of Weil, Gotshal & Manges, New York City, for petitioner/appellant.

Robert A. Butterworth, Atty. Gen. and Robert J. Landry, Asst. Atty. Gen., Tampa, for respondent/appellee.

PER CURIAM.

Carl Puiatti appeals the trial court's denial of his motion for relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, and petitions this Court for a writ of habeas corpus.[1] We affirm the trial court's denial of the claims raised by Puiatti in his rule 3.850 motion and deny his petition for habeas corpus relief.

The appellant, Carl Puiatti, and Robert D. Glock were charged in 1983 with kidnapping, robbery, and first-degree murder. They had kidnapped a woman from a Bradenton shopping mall, took money from her purse, and coerced her into cashing a check at her bank. They then drove the victim in her car to an orange grove outside of Dade City, Florida, where Puiatti and Glock each shot the woman two times. Puiatti and Glock then proceeded to New Jersey, where they were apprehended in the victim's automobile. Both men individually confessed to participating in this killing, and, subsequently, Puiatti and Glock issued a joint confession, which was signed by both men. Puiatti and Glock were tried together, and both were found guilty and sentenced to death. We affirmed the convictions and sentences in Puiatti v. State, 495 So.2d 128 (Fla. 1986), vacated, 481 U.S. 1027, 107 S.Ct. 1950, 95 L.Ed.2d 523 (1987). A more detailed statement of the facts is contained in that opinion. Puiatti filed a petition for certiorari to the United States Supreme Court, which accepted jurisdiction, vacated our decision, and remanded the cause to us for reconsideration in light of its decision in Cruz v. New York, 481 U.S. 186, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987). Upon remand, we found this case distinguishable from Cruz "because Puiatti and Glock not only entered into separate interlocking confessions, but they also subsequently entered into a joint confession resolving all prior inconsistencies," Puiatti v. State, 521 So.2d 1106, 1108 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 184, 102 *233 L.Ed.2d 153 (1988), and we further found "the introduction of the individual confession of Glock to be harmless error under the circumstances of this case." Id. We reaffirmed Puiatti's conviction and sentence of death, and the United States Supreme Court subsequently denied certiorari.

Rule 3.850 Motion

In his rule 3.850 motion, Puiatti raised the following nine claims: (1) that he was denied the effective assistance of counsel because of his two attorneys' relatively young age and inexperience, as indicated by counsel's failure to raise at the suppression hearing Puiatti's inability to knowingly waive his rights; (2) that counsel was ineffective for failing to move for a change of venue; (3) that counsel was ineffective when she conceded guilt during voir dire examination; (4) that counsel was ineffective for failing to present during the guilt phase evidence concerning Puiatti's mental state at the time of the crimes; (5) that counsel was ineffective for failing to present any evidence during the guilt phase bearing on the probative value of the confession; (6) that counsel was ineffective for failing to properly investigate and present statutory mitigating circumstances during the penalty phase; (7) that the trial court applied an incorrect standard in determining whether nonstatutory mitigating factors existed and whether such evidence had to be weighed; (8) that Puiatti was deprived of a reliable and individualized capital-sentencing determination by his counsel's assertions to the jury that its sympathy toward Puiatti was an improper consideration; and (9) that an erroneous jury instruction misled the jury as to its role regarding sentencing.

We find that none of the claims provide a basis for a finding of reversible error. The only issues that merit discussion are claim (6), in which Puiatti asserts that defense counsel was ineffective for failing to properly investigate and present mitigating circumstances, and Puiatti's assertion that the trial judge erred in denying an evidentiary hearing on his 3.850 motion. The trial judge, in denying relief on claim (6), articulated his reasoning in the following manner:

Mr. Puiatti alleges he was denied a reliable and individualized capital sentencing determination through his attorney's ineffective investigation and presentation of statutory mitigating circumstances, in violation of the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and their Florida counterparts. This claim is evidenced by the following facts:
This was the first penalty phase ever presented by the defense attorney Howardene Garrett. Mr. Puiatti alleges his defense attorney did not conduct a competent background investigation. A competent investigation would have revealed to the judge and jury that Mr. Puiatti was part of the class of people who should escape the death penalty.
... [I]n his motion Mr. Puiatti has statements and stories from various people familiar with his background. These people would have told how he came from a home where he was verbally and physically abused. How he did not have the normal childhood that his mother testified to during the penalty phase. That his mother and her promiscuous lifestyle contributed to his problems.
Mr. Puiatti alleges evidence of his depraved childhood, his dependent personality, drug and alcohol use, and his learning deficiency should have been more accurately portrayed during the penalty phase. Mr. Puiatti alleges his defense counsel was ineffective in her investigation for not uncovering these characteristics in his background. However, Mr. Puiatti's defense counsel had a psychiatrist and a psychologist testify during the penalty phase. Also his attorney spoke with Mr. Puiatti's sister and his mother. His mother testified that Mr. Puiatti came from a good family background, even though now there appears to be conflicting evidence about this. Mr. Puiatti tried to use his good family background as a mitigating factor during his penalty phase. Now he wants to reverse his position and claim a bad family *234 life as a mitigating factor. Evidence of his dependent personality, drug use, and learning disability was presented during the penalty phase of his trial. Although all possible background information on Mr. Puiatti may not have been discovered, it is apparent that this attorney presented substantial evidence on his behalf during the penalty phase. Mr. Puiatti also spoke on his own behalf. Mr. Puiatti is not entitled to error free counsel. He cannot complain of representation that might be judged ineffective only by benefit of hindsight. Young v. Zant, 677 F.2d 792 (1982).
It is evident from the sentencing record that Mr. Puiatti had effective counsel. There is no doubt that with the benefit of hindsight most counsel would do certain things differently.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McKay v. State
61 So. 3d 1178 (District Court of Appeal of Florida, 2011)
Puiatti v. McNeil
626 F.3d 1283 (Eleventh Circuit, 2010)
Carl Puiatti v. Walter A. McNeil
Eleventh Circuit, 2010
Puiatti v. SECRETARY, DEPT. OF CORRECTIONS
651 F. Supp. 2d 1286 (M.D. Florida, 2009)
Miller v. State
934 So. 2d 580 (District Court of Appeal of Florida, 2006)
Taylor v. State
796 So. 2d 570 (District Court of Appeal of Florida, 2001)
Outten v. State
720 A.2d 547 (Supreme Court of Delaware, 1998)
State v. VandeBogart
612 A.2d 906 (Supreme Court of New Hampshire, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
589 So. 2d 231, 1991 WL 194206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puiatti-v-dugger-fla-1991.