Preston v. Secretary, Florida Dept. of Corrections, No. 12-14706 (11th Cir. 2015)
Annotate this CaseRobert Preston appealed the district court’s denial of his federal habeas petition. A jury convicted Preston of premeditated murder for the 1978 killing of Earline Walker and recommended that he be sentenced to death. Nearly thirty years later, Preston filed a habeas petition in federal district court, raising twenty-eight claims. The district court denied habeas relief on all of them. The Eleventh Circuit granted a certificate of appealability on one claim, which alleged that the state failed to present sufficient evidence of premeditation at trial, and that Preston’s conviction, therefore, violated his due process rights. After thorough review, the Eleventh Circuit found no violation, and affirmed the district court’s denial of habeas relief.
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