United States Eleventh Circuit

In a capital habeas matter, the denial of the petition as to petitioner's murder conviction is affirmed where: 1) the district court's finding that petitioner was not diligent in gathering evidence was not clearly erroneous and its denial of petitioner's motion for an evidentiary hearing was not an abuse of discretion; and 2) defense counsel's investigation and presentation of mitigation evidence during the sentencing phase of petitioner's trial were well within the wide range of reasonable professional assistance. However, defendant's death sentence is reversed where an improper bailiff-jury communication during the penalty phase violated petitioner's constitutional right to a fair trial and a reliable sentence.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• BIRCH, Circuit Judge:, Before EDMONDSON, BIRCH and BARKETT, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Wendy C. Peoples (Court-Appointed), Law Offices of Mark Olive, Tallahassee, FL, Jeffrey Lyn Ertel, (Court-Appointed), Fed. Def. Program, Inc., Atlanta, GA, for Ward., Patricia Beth Attaway Burton, State of GA. Law Dept., Atlanta, GA, for Hall.