United States Eleventh Circuit

In a capital habeas matter, a denial of petitioner's habeas petition is affirmed where: 1) defense counsel was not ineffective because the record illustrated several reasons why a reasonable defense counsel would pursue an insanity defense based on a mental disease, exclusive of voluntary intoxication; 2) given the contradictory accounts regarding the degree of petitioner's intoxication, it was unlikely that inconsistencies in testimony on that issue would have changed the outcome of the proceedings; 3) counsel adequately emphasized that petitioner engaged in excessive alcohol and drug consumption prior to the crimes, and petitioner did not demonstrate that counsel needed to argue further; and 4) the jury instructions did not relieve the prosecution's burden of proving intent to commit capital murder.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

• WILSON, Circuit Judge:, Before TJOFLAT, BLACK and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel