United States Eleventh Circuit

Conflicting expert testimony on defendant's mental stability is insufficient evidence to support a habeas claim that defendant was prejudiced by his counsel's alleged ineffective assistance by failing to present mental health evidence in the trial's penalty phase.

Appellate Information

• Decided 11/29/2000
• Published 11/29/2000

Judges

• ANDERSON, Chief Judge:, Before ANDERSON, Chief Judge, and TJOFLAT and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Mark Evan Olive,Law Offices of Mark E. Olive, P.A., Timothy P. Schardl, Office of the Capital Collateral Counsel, Tallahassee, FL, for Petitioner-Appellant.


• For Appellees:
  
• Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Respondent-Appellee.