Supreme Court of Florida

Nelms v. State

March 12, 1992596 So. 2d 441

Summary

The Supreme Court of Florida denied Nelms' petition for postconviction relief, holding that because he failed to raise the constitutional claim regarding petit jury selection at trial or on direct appeal, and because Spencer does not constitute a major constitutional change of law, the claim cannot be raised for the first time in a postconviction proceeding. The decision follows the Court's recent Moreland ruling on the retroactive application of Spencer.