United States Eleventh Circuit

Death row inmate was improperly granted habeas relief on two claims of ineffective assistance of counsel. Having been found competent and having waived his right to counsel, Petitioner is not entitled to counsel at a second competency hearing; district court failed to give proper AEDPA deference to the Florida Supreme Court's adjudication and findings of fact relating to Petitioner's penalty phase claim.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• PER CURIAM:, Before CARNES, WILSON and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kenneth Sloan Nunnelley, Daytona Beach, FL, for appellant.


• For Appellees:
  
• Linda McDermott (Court-Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for appellee.