Booker v. Secretary, FL Dept. of Corrections, No. 10-14966 (11th Cir. 2012)
Annotate this CasePetitioner, a prisoner on Florida's death row, appealed the district court's denial of his 28 U.S.C. 2254 petition challenging his capital murder conviction. At issue was whether the Florida Supreme Court's decision denying petitioner's claim that the trial court erred when refusing to instruct the jury about other consecutive sentences was contrary to, or involved an unreasonable application of, the Supreme Court's decision in Simmons v. South Carolina. Petitioner based his claim on the trial court's refusal to inform the advisory jury of his multiple terms of incarceration that he would have to serve before becoming eligible for parole. The court held that petitioner could not prevail on his claim for relief because none of the Supreme Court precedent upon which he relied illustrated that the Florida Supreme Court rendered a decision that was contrary to, or an unreasonable application, of clearly established law under section 2254(d).
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