Hardwick v. Secretary, FL Dep't of Corr., No. 97-2319 (11th Cir. 2015)
Annotate this CasePetitioner's attorney did not call any witnesses or present any evidence during the penalty phase of his trial, in mitigation or otherwise. Counsel's strategy was to present petitioner’s case solely via his closing argument to the jury. The court found both deficient performance and prejudice under Strickland v. Washington and held that petitioner did not receive effective assistance of counsel during the penalty phase of his trial, in violation of the Sixth and Fourteenth Amendments. Therefore, the court agreed with the district court that petitioner is entitled to a writ of habeas corpus setting aside his capital sentence and, unless the State provides him with a new penalty phase, requiring the imposition of a life sentence.
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