United States Eleventh Circuit

In a capital habeas matter, denial of petitioner's habeas petition is affirmed where: 1) given the overwhelming aggravating evidence, the state courts' conclusion that no reasonable probability had been shown that, but for petitioner's lawyer's alleged lack of investigation, the trial court would have failed to sentence petitioner to death, was a reasonable application of clearly established federal law; 2) the trial court did not clearly err in determining that a juror was credible in testifying that she would apply the law fairly; and 3) a question that potentially injected a non-statutory aggravating factor into petitioner's case was harmless.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• PER CURIAM:, Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Rachel Lawrence Day (Court-Appointed), CCRC-South, Fort Lauderdale, FL, Caroline E. Kravath (Court-Appointed), CCRC-South, New York City, for Petitioner-Appellant.


• For Appellees:
  
• Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, Barbara Curtis Davis, Daytona, Beach, FL, for Respondents-Appellees.