United States Eleventh Circuit

In a capital habeas matter, denial of petitioner's habeas petition is affirmed where defense counsel did not provide ineffective assistance during the penalty phase because defendant clearly instructed counsel not to investigate or present mitigation evidence, and thus the scope of counsel's duty to investigate was significantly more limited than in the ordinary case.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

• HULL, Circuit Judge:, Before TJOFLAT, BIRCH and HULL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sandra Sue Jaggars, Miami, FL, for McNeil., Todd Gerald Scher (Court-Appointed), Miami, Beach, FL, for Cummings.