Marshall v. Secretary, FL DOC, No. 13-13775 (11th Cir. 2016)Annotate this Case
Petitioner appealed the denial of his petition for a writ of habeas corpus seeking to vacate, pursuant to 28 U.S.C. 2254, his Florida conviction and sentence for armed robbery with a firearm. The state court applied Strickland v. Washington and concluded that petitioner's attorney did not render ineffective assistance of counsel by failing to move the trial court to suppress an eye-witness identification on the ground that it was obtained in violation of the Fourth Amendment. The court concluded that counsel's performance was not deficient and the state court's decision was not an unreasonable application of Supreme Court law. Accordingly, the court affirmed the denial of the petition.