HENRY vs. STATE OF FLORIDA
Supreme Court of Florida
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No. SC04-153
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JOHN RUTHELL HENRY,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
[October 12, 2006]
REVISED OPINION
PER CURIAM.
John Ruthell Henry, a prisoner under sentence of death for the murder of his five-year-old stepson, Eugene Christian (â€
| Description | Defendant, a prisoner under sentence of death for the murder of his five year old stepson, Eugene Christian ("Eugene"), appeals the denial of his motion for postconviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850 and 3.851. Applying the two prong test from Strickland v. Washington, 466 U.S. 668, 687 96 (1984), court determine that Henry has failed to establish either that his counsel's performance was deficient or that the deficient performance prejudiced the defense. In doing so, court recognize that defense counsel's strategy entailed significant risk to the defendant and should be employed with caution and only after careful analysis. Nevertheless, court cannot find that this strategy fell below the "wide range of professionally competent assistance" when evaluated from counsel's perspective at the time defense counsel suggested and Henry agreed to this strategy. See id. at 689-90. Furthermore, Henry has not shown that "there is a reasonable probability that, but for counsel's [allegedly] unprofessional errors, the result of the proceeding would have been different." Id. at 694; see also Hodges v. State, 885 So. 2d 338, 345-46 (Fla. 2004). |
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