Denial of An Evidentiary Hearing In a Capital Case
In Mann v. State, 770 So. 2d 1158 (Fla. 2000), the appellant (Mann), who had been sentenced to death for a capital murder, claimed that he was entitled to an evidentiary hearing on his postconviction Ake claim.
In upholding the denial of the evidentiary hearing, the Court stated:
The record reveals that Carbonel Mann's confidential mental health expert performed an extensive evaluation of Mann that included neuropsychological testing based on his history of serious alcohol and substance abuse and his history of head injury.
Carbonel testified that, in addition to interviewing Mann, she reviewed numerous documents including affidavits from family members, Mann's childhood health records, records from correctional institutions, hospital records, and expert testimony from prior proceedings.
Carbonel also testified that she did a lengthy psychological evaluation of Mann and conducted various tests including a Minnesota Multiphasic Personality Inventory (MMPI) and a Wechsler Adult Intelligence Scale test, among others.
Based on this evaluation, Carbonel was able to testify to the existence of the two statutory mental mitigators.
The record demonstrates that Mann's expert performed all the essential tasks required by Ake.
Thus, Mann's request for an evidentiary hearing was properly denied. Id. at 1164.