United States Eleventh Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is affirmed where 1) none of the evidence defense counsel obtained in investigating petitioner's background would have convinced any reasonably competent counsel of a need to do a more extensive investigation; 2) counsel made the reasonable strategic decision to argue residual doubt and to keep the jury from hearing new aggravating evidence from the state at the penalty phase in return for not making a mitigation evidence presentation that he considered weak; and 3) petitioner failed to show prejudice due to counsel's allegedly ineffective performance.

Appellate Information

• Decided 01/11/2010
• Published 01/11/2010

Judges

• HULL, Circuit Judge:, Before DUBINA, Chief Judge, CARNES and HULL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel