PETITION McLean raises two claims in his habeas petition: (1) that his appellate counsel was ineffective for failing to raise an allegation of error concerning the State’s destruction of the Crimeline tape; and (2) that Florida’s capital sentencing scheme, which permits the imposition of a death sentence based on a simple majority jury recommendation violates the Eighth Amendment’s evolving standards of decency. We reject both claims and find that no habeas relief is warranted. While claims of ineffective assistance of appellate counsel are appropriately presented in a petition for a writ of habeas corpus, McLean’s claim concerning the Crimeline tip is procedurally barred because he raised this exact argument in his postconviction motion. Johnston v. State, 63 So.3d 730, 747 (Fla.2011) (<HOLDING>); Knight v. State, 923 So.2d 387, 395
holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal holding that a similar claim in a rule 32 petition was procedurally barred because it was raised at trial and because it was raised on direct appeal holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not holding that the defendants habeas claim was procedurally barred because it could have been or was raised in his postconviction motion holding that a claim is proeedurally barred where it was not raised in the defendants motion for postconviction relief