Is Presentation of Cumulative Evidence Necessary to Establish Effective Assistance of Counsel ?
In Marquard v. State, 850 So. 2d 417 (Fla. 2002). Marquard claimed ineffective assistance of counsel for failing to call witnesses to testify as to his drug problems and abuse suffered as a child. Id. at 429.
Defense counsel had introduced this information solely through their expert witness. Id.
The Court agreed with the circuit court's denial of the claim:
Although other witnesses could have provided more details relative to Marquard's early life, counsel is not required to present cumulative evidence. Accordingly, we do not find that Marquard's counsel was ineffective in his representation. Id. at 429-30 (citing Maharaj v. State, 778 So. 2d 944, 957 (Fla. 2000) ("Failure to present cumulative evidence is not ineffective assistance of counsel.")).