Facts
- Michael A. Hernandez, Jr. and Christopher Shawn Arnold went to Ruth Everett’s home in Milton, Florida, seeking crack cocaine from Everett’s son.
- When Everett answered the door and said her son was not home, Hernandez forced her inside.
- Arnold searched for drugs and demanded money; he attempted to smother Everett with a pillow while Hernandez restrained her.
- Everett suffered a broken neck during the struggle; Arnold took her purse, and Hernandez stabbed her in the neck.
- Hernandez and Arnold used Everett’s ATM card to withdraw money to buy crack cocaine.
- Hernandez was convicted of first-degree murder and robbery with a deadly weapon and sentenced to death; his conviction and sentence were previously affirmed on direct appeal.
- Hernandez later filed a Florida Rule of Criminal Procedure 3.851 motion for postconviction relief and a separate state habeas petition alleging ineffective assistance of appellate counsel; the circuit court denied postconviction relief after an evidentiary hearing on some claims.
Issues
- Whether trial counsel rendered ineffective assistance in the penalty phase by failing to obtain and present qEEG testing and related mental-health mitigation evidence.
- Whether other alleged deficiencies in trial counsel’s investigation and presentation of mitigation satisfied Strickland’s deficiency and prejudice requirements.
- Whether the State violated Brady or Giglio by suppressing favorable material evidence or presenting testimony it knew was false.
- Whether appellate counsel provided ineffective assistance by failing to raise certain issues on direct appeal.
Decision
- The Florida Supreme Court affirmed the order denying Hernandez’s Rule 3.851 motion.
- The court held Hernandez failed to prove deficient performance or prejudice under Strickland on the qEEG and other mitigation-related claims.
- The court rejected the Brady/Giglio claim for failure to establish suppression or knowing use of false testimony that was material.
- The court denied the state habeas petition, concluding Hernandez failed to show ineffective assistance of appellate counsel.
Legal Principles
- Strickland requires proof of both deficient performance and a reasonable probability of a different outcome absent the deficiency; counsel is judged based on the law and professional norms at the time of trial.
- Counsel is not ineffective for failing to pursue or present scientific testing that was not generally accepted in the relevant medical community and would likely have been inadmissible at the time of trial.
- Postconviction factual findings supported by competent, substantial evidence receive deference on appeal.
- Brady relief requires favorable evidence suppressed by the State that is material; Giglio relief requires false testimony known by the State to be false and materiality.
- Ineffective assistance of appellate counsel requires showing the omitted issues were meritorious and clearly stronger than those raised, and that the omission created a reasonable probability of a different appellate result.
Conclusion
The Florida Supreme Court upheld the denial of capital postconviction relief and denied habeas relief because Hernandez did not establish Strickland prejudice or deficiency regarding mitigation (including qEEG testing), and he failed to prove material Brady/Giglio violations or ineffective assistance by appellate counsel.