United States Eleventh Circuit

In a capital habeas matter, denial of the petition is affirmed where: 1) defense counsel was not ineffective during the penalty phase because the aggravating circumstances far outweighed any mitigating factors, even taking into account the evidence that counsel failed to uncover; and 2) any infirmities in the trial court's initial jury instructions would have been cured by the court's subsequent statement.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson, E. Barrett Prettyman, Jr., Patricia A. Brannan, Christopher Todd Handman, Hogan & Hartson, LLP, Washington, DC, for Petitioners-Appellants., Scott Andrew Browne, Tampa, FL, for McNeil.