significant to note that in Deaton the State raised objections similar to those it is raising now. Specifically, the State challenged the trial court's ruling to grant a re-sentencing, asserting that (1) Deaton did not suffer prejudice but would have been sentenced to death anyway, and (2) that it was Deaton and his family, rather than the ineffective assistance of counsel, who prevented counsel from presenting mitigating evidence. Id. at 8. 7 . Rose, 675 So.2d at 571 ("An attorney has a duty to conduct a reasonable investigation, including an investigation of the defendant’s background, for possible mitigating evidence. The failure to do so may render counsel’s assistance ineffective.") (internal quotation marks and citations omitted). 8 . Koon v. Dugger, 619 So.2d 246, 249 (Fla.1993) (<HOLDING>) (quoting Blanco v. Singletary, 943 F.2d 1477,
holding that where tjhere was no dispute from the trial record and between the parties that the defendant requested his counsel to file a notice of appeal and that counsel did not timely file such a disposition was appropriate despite any potential jurisdictional problems in part to avoid the potential that a habeas petition seeking the same relief would use up the defendants opportunity for a first petition and to obviate the risk that a habeas petition would be untimely holding that one must voluntarily and intelligently waive the right to counsel holding that juveniles may waive right to counsel only upon advice of counsel recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel holding that before counsel may follow a defendants instruction to waive mitigation counsel first must evaluate potential avenues and advise the client of those offering potential merit