United States Eleventh Circuit

In a capital habeas matter, the denial of the petition is affirmed where: 1) the method by which petitioner's judge selected his grand jury foreperson did not make out a prima facie violation of the Equal Protection Clause; 2) petitioner failed to show that the jury selection process resulted in a non-representative venire; 3) the record did not support petitioner's Batson claim; 4) the trial judge retained discretion as to the form and number of questions on the subject of race, including the decision whether to question the venire individually or collectively; 5) petitioner pointed to no record evidence, nor did the court's review of the record revealed any, from which the allegedly true DNA test results could be found; and 6) petitioner failed to allege what mitigating factors would have been established but for his counsel's deficient performance.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

• PER CURIAM:, Before BLACK, BARKETT and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Matt D. Schulz, Kacey Leigh Keeton, Christine A. Freeman, Fed. Pub. Defenders, Montgomery, AL, for Powell., Beth Jackson Hughes, Montgomery, AL for Allen.