Everett v. Sec'y, Florida Dept. of Corrections, No. 14-11857 (11th Cir. 2015)
Annotate this CaseFlorida inmate Paul Everett petitioned for habeas relief after he was convicted of first-degree murder, for which he received the death penalty. The district court denied his petition, but granted a certificate of appealability (COA) as to one issue: whether a law enforcement officer's request for a consent to search from, or service of an arrest warrant on, a defendant in custody who invoked his right to counsel violated the Fifth Amendment. Upon Everett's motion, the Eleventh Circuit expanded the COA to include an additional issue: whether the district court erred in denying Everett's claim that his trial counsel rendered ineffective assistance in the investigation and presentation of mitigating evidence during the penalty phase of his 2002 trial. Having considered the state court record, the district court's thorough order, and the parties' submissions, and with the benefit of oral argument, the Eleventh Circuit found no reversible error in the district court's denial of Everett's petition for habeas relief, and affirmed.
The court issued a subsequent related opinion or order on August 13, 2015.
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