Arvelo v. Secretary, FL DOC, No. 14-11441 (11th Cir. 2015)Annotate this Case
Petitioner appealed the district court's denial of his 28 U.S.C. 2254 federal habeas petition, arguing that he was questioned in violation of his Miranda v. Kentucky rights and his lawyer was ineffective for failing to move to suppress statements he made during that interrogation. The court held that the state court’s decision that petitioner had waived his ineffective assistance claim by entering a plea was contrary to clearly established federal law, and the court rejected the district court’s alternative reasons for denying petitioner's claim. Petitioner's allegation, if true, would entitle him to habeas relief. Because neither the state habeas court nor the district court afforded petitioner the opportunity to develop the factual basis for this claim, the record before the court is insufficient to properly resolve the petition. Accordingly, the court reversed and remanded for the district court to hold an evidentiary hearing and to reconsider petitioner's claim.
The court issued a subsequent related opinion or order on May 10, 2017.