Jones v. Secretary, Dept. of Corrections, No. 08-12289 (11th Cir. 2011)
Annotate this CasePetitioner appealed the denial of his 28 U.S.C. 2254 habeas corpus petition challenging his death sentence after he was convicted of murdering two people. At issue was whether defendant was denied his Sixth, Eighth, and Fourteenth Amendment rights to effective assistance of counsel when the trial court denied his requests to remove his lawyer and his lawyer's requests to withdraw and when his lawyer failed to investigate and to present mitigating evidence at resentencing in addition to that which the lawyer presented at the original sentencing. The court held that defendant was not denied effective assistance of counsel and in applying the deferential review standard mandated by the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2254(d)(1), (d)(2), the Florida Supreme Court's ruling was not contrary to, and did not involve an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of the facts. Accordingly, the court affirmed the denial of habeas corpus relief.
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