McNabb v. Commissioner, Alabama Dept. of Corrections, No. 12-13535 (11th Cir. 2013)
Annotate this CasePetitioner, convicted of two counts of capital murder and sentenced to death, challenged the denial of his 28 U.S.C. 2254 petition for habeas relief and his Federal Rule of Civil Procedure Rule 59(e) motion to alter or amend the judgment. The court concluded that the failure of the district court to give notice to the parties that it would decide the merits of the claims without briefing did not rise to the level of a due process violation; in light of the nature of petitioner's crimes and the specific findings of the trial court and his own testimony about his deprived childhood, the court concluded that there was no reasonable probability that the presentation of further, mainly cumulative, evidence regarding petitioner's horrific home life would have changed the outcome of his sentence; the district court did not err in dismissing petitioner's lethal injection challenge in his federal habeas petition where relief was still available to him in a 42 U.S.C. 1983 action; and the court rejected defendant's remaining claims. Accordingly, the court affirmed the judgment of the district court.
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