Lambrix v. Secretary, FL Dept. of Corrections, No. 13-11917 (11th Cir. 2014)
Annotate this CasePetitioner, sentenced to death, appealed the denial of his pro se "Motion for Appointment of Substitute Collateral Counsel" under 18 U.S.C. 3599, to aid him in preparing and filing a second or successive 28 U.S.C. 2254 federal habeas petition based on Martinez v. Ryan. The court concluded that it would be futile to appoint counsel to present a Martinez-based claim. Petitioner's claims were barred and futile for reasons unrelated to the merits of any substantive ineffective-trial-counsel claim. Accordingly, the court affirmed the judgment of the district court.
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