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United States Eleventh Circuit


Jennings v. McDonough, 05-16363

In case involving death row prisoner, denial of habeas petition is affirmed over claims that: 1) petitioner's sentence was rendered unconstitutional by the application of two invalid aggravating factors-that the murder was "heinous, atrocious, and cruel" and "cold, calculated, and premeditated"; 2) the prosecution withheld evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); and 3) petitioner received ineffective assistance of counsel during the penalty phase of his trial.

Appellate Information

  • Decided 07/03/2007
  • Published 07/03/2007

Judges

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

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Jennings.

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