United States Eleventh Circuit

District court's judgment on habeas corpus petition challenging death sentence after jury trial is: 1) reversed as to the grant of habeas corpus relief in suppressing his confession, as suppression is an inappropriate remedy where a confession was given as an independent and informed choice of defendant's own free will; and 2) affirmed as grant of relief on the issue of ineffective assistance of counsel, where the defense attorney's strategic maneuver in waiving his closing argument prejudiced the defendant.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• BIRCH, Circuit Judge:, Before BIRCH, BARKETT and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard L. Neumeier, Morrison, Mahoney & Miller, LLP, Boston, MA, for Lawhorn.


• For Appellees:
  
• Kevin Christopher Newsom, Bradley, Arant, Rose & White, LLP, Birmingham, AL, Beth Jackson Hughes, Montgomery, AL, for Respondents-Appellants.