Velazco v. Dept. of Corrections, No. 13-12525 (11th Cir. 2014)Annotate this Case
Petitioner, convicted of second degree murder, appealed the denial of his federal habeas petition. When petitioner claimed that the state court had unreasonably applied clearly established federal law when it denied his claim of ineffective assistance of counsel, the district court refused to hold an evidentiary hearing and denied the habeas petition. The court concluded that the district court correctly examined only the state record; the state court could have reasonably concluded that petitioner failed to establish prejudice regarding his trial counsel's alleged failure to investigate witness accounts; and petitioner failed to acknowledge the overwhelming evidence against him. Accordingly, the court affirmed the petition.