United States Eleventh Circuit

Denial of habeas petition filed by state inmate under death sentence for murder following brutal sexual abuse of 11-year-old boy, is affirmed over claims that: 1) trial counsel's conflict of interest resulted in ineffective assistance; 2) the State did not sufficiently prove the corpus delicti of the crime independent of petitioner's inculpatory statements; 3) the waiver of trial by jury was not knowingly and intelligently made; 4) counsel rendered ineffective assistance at penalty phase; 5) the trial court committed constitutional error in its mitigating circumstance findings.

Appellate Information

• Decided 06/15/2006
• Published 06/15/2006

Judges

• CARNES, Circuit Judge:, Before DUBINA, CARNES and HULL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Mark S. Gruber, Daphney Elaine Gaylord and Eric Pinkard (Court-Appointed), Capital Collateral Regional Counsel-Middle Region, Tampa, FL, for Schwab.


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