United States Eleventh Circuit

Death row inmate unsuccessfully appeals the district court's rejection of his habeas petition. An alleged defect in a collateral proceeding does not state a basis for habeas relief; ineffective assistance of counsel claim based on trial counsel-s status as a special deputy sheriff was without merit; the finding that the sentencing judge did not limit himself to statutory mitigating factors was fairly supported.

Appellate Information

• Decided 02/18/2004
• Published 02/18/2004

Judges

• ANDERSON, Circuit Judge:, Before TJOFLAT, ANDERSON and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• David R. Gemmer and Eric Pinkard (Court-Appointed), Pinkard & Viggiano, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.


• For Appellees:
  
• Barbara Jane Yates, Fla. Dept. of Legal Affairs, Charmaine M. Millsaps, Tallahassee, FL, for Respondents-Appellees.