SC10-2458 – Harry Lee Butler v. Kenneth S. Tucker, etc.

State: Florida

Docket No: sc10-2458

Case Date: 07/12/2012

Plaintiff: SC10-2458 – Harry Lee Butler

Defendant: Kenneth S. Tucker, etc.

Preview:Supreme Court of Florida
____________ No. SC10-1133 ____________ HARRY LEE BUTLER, Appellant, vs. STATE OF FLORIDA, Appellee. ____________ No. SC10-2458 ____________ HARRY LEE BUTLER, Petitioner, vs. KENNETH S. TUCKER, etc., Respondent. [July 12, 2012] PER CURIAM. Harry Lee Butler was convicted of first-degree murder and sentenced to death for the March 1997 murder of his former girlfriend, Leslie Fleming. This Court affirmed Butler's conviction and death sentence on direct appeal. See Butler

v. State, 842 So. 2d 817 (Fla. 2003). On July 13, 2004, Butler filed a motion to vacate his conviction and death sentence pursuant to Florida Rule of Criminal Procedure 3.851 in the Sixth Judicial Circuit in and for Pinellas County. Butler filed an amended rule 3.851 motion on February 4, 2005. The postconviction court held three evidentiary hearings on the motion, the first in May 2008, the second in November 2008, and the third in September 2009. On May 13, 2010, the postconviction court entered an order denying relief. Butler now appeals the denial of his rule 3.851 motion and also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,

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