United States Eleventh Circuit

Denial of habeas petition of death row inmate is affirmed over claims that petitioner's trial counsel: 1) rendered ineffective assistance by failing to conduct a full independent investigation of the circumstances underlying the guilt and penalty phases of trial; 2) rendered ineffective assistance by operating under such a conflict of interest as a result of his substantial caseload that prejudice may be presumed under United States v. Cronic, 466 U.S. 648 (1984); and acted with a racially discriminatory purpose at trial and sentencing, thus contributing to the imposition of the death penalty in violation of petitioner's rights under the Eighth Amendment.

Appellate Information

• Decided 10/16/2006
• Published 10/16/2006

Judges

• DUBINA, Circuit Judge:, Before BIRCH, DUBINA and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sheri Lynn Johnson, Cornell Law School, Ithaca, NY, Jeffrey Lyn Ertel (Court-Appointed), Fed. Def. Program, Inc., William A. Morrison (Court-Appointed), Jones, Morrisom & Womack, P.C., Atlanta, GA, for Osborne., Susan V. Boleyn, State Law Dept., Atlanta, GA, for Terry.