Counsel's-failure-to-object-to-trial-court's-comments-during-jury-selection

QUESTION PRESENTED CAPITAL CASE Counsel failed to object to the capital trial court’s multiple misleading and inappropriate comments during jury selection about the uniquely gruesome nature of the evidence and the prosecution’s exercise of discretion to seek death only in appropriate cases. Under these circumstances, should Strickland prejudice be found where counsels’ cumulative failures to object to the improper comments created a reasonable probability of a different outcome but for counsels’ deficient performance? ii NOTICE OF RELATED CASES Per Supreme Court Rule 14.1(b)(iii), the following cases relate to this petition: Underlying Trial: Circuit Court of Polk County, Florida State of Florida v. Leon Davis, Case No. 2007-CF-009386 Judgment entered: March 29, 2011 Direct Appeal: Florida Supreme Court (No. SC11—1122) Davis v. State, 207 So. 8d 177 (Fla. 2016) Judgment entered: November 10, 2016 Rehearing denied: January 5, 2017 Petition for Writ of Certiorari Denied: Supreme Court of the United States (No. 16-8569) Davis v. Florida, 581 U.S. 1020 (2017) Cert denied: June 5, 2017 Postconviction Proceedings: Circuit Court of Polk County, Florida Davis v. State, 2007-CF-009386 Judgment entered: November 29, 2021 Florida Supreme Court (Nos. SC21—1778; SC22-882) Davis v. State, 383 So. 3d 717 (Fla. 2024) Judgment entered: February 1, 2024 Rehearing denied: March 22, 2024 iii