United States Eleventh Circuit

In a capital habeas matter, the denial of petitioner's petition is affirmed where: 1) the trial court was not required to hold a sua sponte hearing on petitioner's competence to testify, because petitioner expressly declined the trial court's offer to hold a competency hearing, his attorney stipulated to his competence, and four mental health experts testified that he was competent; 2) there was no evidence submitted to the trial judge of any physical ailments suffered by petitioner which would have affected his competence; and 3) based on five experts' testimony that petitioner was competent, defense counsel made a reasonable investigation of petitioner's mental state.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Anna-Liisa Nixon (Court-Appointed), William M. Hennis, III (Court-Appointed), Fort Lauderdale, FL, for Petitioner-Appellant.


• For Appellees:
  
• Sandra Sue Jaggard, Miami, FL, for Respondent-Appellee.