Ponticelli v. Florida Dept. of Corrections, No. 11-11966 (11th Cir. 2012)
Annotate this CasePetitioner-Appellant Anthony Ponticelli, a death row inmate in the Florida Department of Corrections, raised two issues about the denial of his petition for the writ of habeas corpus: (1) the prosecution violated his right to due process when it allegedly suppressed evidence of and failed to correct false testimony about an agreement to provide immunity for a witness for the state and about Petitioner's use of cocaine shortly before the murders; (2) his trial counsel provided ineffective assistance of counsel by failing to present evidence of his incompetence to stand trial and by failing to present mitigating evidence of drug use and mental health problems during the penalty phase. Upon review, the Eleventh Circuit concluded both of Petitioner's arguments failed: the Florida Supreme Court reasonably determined the underlying facts as to the first issue; and on both issues, neither contravened nor unreasonably applied clearly established federal law. Accordingly, the Court affirmed the denial of Petitioner's petition for the writ.
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