United States Eleventh Circuit

In a death penalty case for the 1977 rape, murder, and mutilation of a convenience store attendant, denial of petition for federal habeas relief from second conviction and third sentence pursuant to 28 U.S.C. section 2254 is affirmed where: 1) criminal-petitioner received effective assistance of trail counsel, eventhough counsel did not present evidence of insanity; 2) the FBI profile reports and a co-worker's statement were not material to either the guilt phase trial or penalty phase trial, where abundant evidence of mental illness was presented; 3) the prosecutor's closing argument did not misstate evidence and properly responded to the defense's closing argument; and 4) the trial judge did not evince bias or partiality against petitioner when it signed an order prior to the penalty phase trial granting petitioner's motion for funds for a psychiatrist.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Eleventh Circuit

Counsel