Brooks v. Commissioner, AL Dept. of Corrections, et al., No. 10-12073 (11th Cir. 2013)
Annotate this CasePetitioner appealed his conviction for murdering a female acquaintance in the course of a rape, robbery, and burglary. At issue was whether petitioner's direct appellate counsel rendered ineffective assistance by inadequately litigating his trial counsel's ineffective assistance at the penalty phase of his trial. The court concluded that defendant failed to meet his burden of showing that the balance of aggravating and mitigating factors would lead all reasonable jurists to conclude that he suffered prejudice during the penalty phase of his trial. Consequently, a reasonable jurist could conclude that defendant suffered no prejudice during his direct appeal on account of direct appellate counsel's alleged failings in arguing this ineffectiveness-of-trial-counsel claim. Accordingly, the court affirmed the district court's denial of habeas relief.
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