United States Eleventh Circuit

Denial of a petition for a writ of habeas corpus claiming that the state impermissibly chose to pursue a capital sentence not because of the severity of his crimes, but because he is white and the victims of his crime were black, is affirmed where: 1) petitioner did not demonstrate by clear and convincing evidence that the findings of a state court were unreasonable in light of the evidence presented during a post-conviction evidentiary hearing, and those findings were fatal to petitioner's constitutional claims; and 2) petitioner failed to show he was in custody in violation of the constitution or federal laws.

Appellate Information

• Decided 07/31/2008
• Published 07/31/2008

Judges

• BLACK, Circuit Judge:, Before BLACK, HULL and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Hazen, Harry Philip Brody (Court-Appointed), Brody & Hazen, P.A., Tallahassee, FL, for Freeman.


• For Appellees:
  
• Charmaine M. Millsaps, Tallahassee, FL, for Respondents-Appellees.