United States Eleventh Circuit

In a conviction for two counts of malice murder, denial of habeas corpus petition is vacated and remanded where: 1) state statutory and case law did not demonstrate a "clearly established and a regularly followed practice" of cross-appealing claims not addressed by a habeas court granting all relief sought; 2) petitioner's failure to obtain a review of his ineffective assistance of counsel claims by the state Supreme Court did not create a procedural bar to his assertion of these claims in his federal habeas petition.

Appellate Information

• Decided 10/17/2008
• Published 10/17/2008

Judges

Court

• United States Eleventh Circuit

Counsel