United States Eleventh Circuit

In a capital habeas matter, petitioner's application for a certificate of appealability to appeal the denial of his petition is denied where: 1) the Florida Supreme Court accurately described the statements of the prosecutor and the instructions of the trial court; 2) petitioner's trial attorneys conducted a thorough investigation of potential mitigation evidence and presented, through several witnesses, evidence that petitioner suffered -- mostly at the hands of his father -- serious physical, verbal, sexual, and emotional abuse as a child, and thus their performance was not deficient; and 3) petitioner never explained how the failure of Florida to comply with the Vienna Convention affected his conviction or sentence.

Appellate Information

• Decided 09/14/2010
• Published 09/14/2010

Judges

• William H. Pryor, Jr.

Court

• United States Eleventh Circuit

Counsel