United States Eleventh Circuit

Denial of habeas petition brought by death-sentenced inmate is affirmed over claims that: 1) petitioner was denied the effective assistance of counsel in the penalty phase of his trial based on counsel's failure to investigate and present mitigation evidence and to address statutory mitigating circumstances in closing argument; 2) petitioner was denied a fair and impartial jury when the trial court denied his motions to change venue due to pervasive and prejudicial pretrial publicity; and 3) Florida's capital sentencing statute is unconstitutional on its face and as applied, and this claim is not procedurally defaulted.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• PER CURIAM:, Before TJOFLAT, BLACK and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Carol Contreras Rodriguez (Court-Appointed), Tampa, FL, for Gaskin.


• For Appellees:
  
• Scott Andrew Browne, Tampa, FL, for Respondents-Appellees.