United States Eleventh Circuit

In a capital habeas matter, the denial of petitioner's petition is affirmed where: 1) no extra-record materials that the trial judge viewed were presented to the jury during the guilt or penalty phases; 2) the trial judge's experience with hypnosis, conversations with a psychologist, or familiarity with a book on the subject did not influence the jury or prejudice the petitioner because, according to Florida law, the witnesses' testimony would have been admissible in any event; and 3) petitioner failed to demonstrate either deficient performance or prejudice in his ineffective assistance claims.

Appellate Information

• Decided 06/28/2010
• Published 06/28/2010

Judges

• Per Curiam

Court

• United States Eleventh Circuit

Counsel