Insignares v. Secretary, FL Dept. of Corrections, No. 12-12378 (11th Cir. 2014)
Annotate this CasePetitioner appealed the district court's denial of his pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. The court concluded that the petition was not successive where resentencing by the state judge resulted in a new judgment, making this the first challenge to that new judgment. On the merits, the court concluded that the state judge had a reasonable basis to deny petitioner's claim that his trial counsel was ineffective for failing to investigate, depose, and adequately impeach a witness; the state judge did not apply Strickland v. Washington unreasonably in rejecting petitioner's claim that counsel was ineffective for failing to question or remove a juror that was "nodding" off but not asleep; statements to the jury by the prosecutor during closing argument were not improper; and petitioner failed to show that the state judge lacked a reasonable basis to deny his cumulative-error claim. Accordingly, the court affirmed the judgment of the district court.
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