United States Eleventh Circuit

In a rape and sodomy prosecution, a denial of petitioner's habeas petition is affirmed in part where petitioner's trial counsel was ineffective for not moving to suppress his blood and DNA evidence, but petitioner could not show prejudice resulting from that failure. However, order is reversed in part where the evidence was insufficient to support the charge of aggravated sodomy.

Appellate Information

• Decided 02/04/2010
• Published 02/04/2010

Judges

• BARKETT, Circuit Judge:, Before TJOFLAT and BARKETT, Circuit Judges, and BARZILAY, Judge.

Court

• United States Eleventh Circuit

Counsel